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Full text of "Journal of the House of Representatives of the State of New-Hampshire, at their session, ."

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n&v Hampshire 

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JOURNAL 

OF THE 

HOUSE OF REPRESENTATIVES 

SPECIAL SESSION OF 1974 






EVANS PRINTING COMPANY 

CONCORD • NEW HAMPSHIRE 



JOURNAL 

OF THE 

HOUSE OF REPRESENTATIVES 

SPECIAL SESSION OF 1974 

Tuesday^ 19Feb74 

CALL OF THE SESSION 



Whereas, the welfare of the State requires the reconvening 
of the General Court for the purposes of considering a capital 
budget, food stamp legislation, a cost of living formula for state 
retirees, financial relief to our cities and towns to help elderly 
citizens and other taxpayers, time and one-half pay for all over- 
time for state employees, and the energy crisis; and 

Whereas, the Executive Department in calling such a ses- 
sion intends a limited agenda of those items deemed very im- 
portant to the welfare of the State; 

NOW, THEREFORE, the Governor and Council, on mo- 
tion duly seconded, hereby exercise their executive legislative 
authority under Part 2, Article 50, of the New Hampshire Con- 
stitution and summon the General Court to reconvene in 
Special Session at 11:00 A.M. on Tuesday, February 19, 1974, 
for the purpose of considering the above enumerated matters 
affecting the welfare of the State. 

Meldrim Thomson, Jr., Governor 

With the advice of the Council: 

Robert L. Stark, Secretary of State 

Prayer was offered by Assistant Chaplain Father Francis J. 
O'Connor. 

May the blessing of God Almighty, the Father, the Son, and 
the Holy Spirit rest upon us, and upon all our work and worship 
done in His Name. May He give light to guide us, courage to 
support us, and love to unite us, now and forever more. Amen. 



2 House Journal, 19Feb74 

PLEDGE OF ALLEGIANCE 
Rep. Bell led the Pledge of Allegiance. 

COMMUNICATION 

Mr. J. Milton Street, Clerk 
House of Representatives 

Dear Mr. Street: 

The folloAving Representatives-elect have appeared before 
the Governor and Council and were sworn into office: 

September 26, 1973, Hillsborough County Dist. 8 
Armand A. Archambault, Goffstown 
Jo Ellen Orcutt, Goffstown 
Antonio J. Roy, Jr., Goffstown 

November 14, 1973, Hillsborough County Dist. 30 (Manches- 
ter, Ward 6) 

Dorothy J. Dre^vniak, Manchester 

Grafton County Dist. 14 (Lebanon, Wards 1. 2, 3) 
Joanne L. Symons, Lebanon 

December 12, 1973, Rockingham County Dist. 4 
Paul A. Gibbons, Derry 

January 2, 1974, Cheshire County Dist. 15 (Keene, Ward 4) 
Muriel K. Cooke, Keene 

January 23, 1974, Cheshire County Dist. 5 
Augustine J. Marshala, Swanzey 

Hillsborough County Dist. 26 (Manchester, Ward 12) 
James A. Normand, Manchester 

Strafford County Dist. 1 1 (Rochester, Ward 4) 
Arthur Gagnon, Rochester 

Robert L. Stark 
Secretary of State 

LEAVES OF ABSENCE 
Rep. Palfrey, the day, illness. 
Reps. Goodrich and Gary the week, illness. 
Rep. Woods, indefinite, illness. 



House Journal, 19Feb74 3 

Reps. George E. Lemire and Erickson, the day, important 
business. 

Rep. Woodward, today and tomorrow, important business. 

Rep. Saunders, the week, important business. 

Rep. Estabrook, indefinite, important business. 

RESOLUTIONS 

Reps. George B. Roberts, Jr. and Coutermarsh offered the 
following resolution. 

Resolved, that the honorable Senate be notified that the 
House of Representatives will be ready to meet the Senate in 
joint convention at 11:30 o'clock for the purpose of receiving 
his excellency the governor and any communication he may be 
pleased to make, and that a joint committee of five consisting 
of three on the part of the House and two on the part of the 
Senate be appointed to wait upon his excellency and inform 
him accordingly. 

Adopted. 

The Speaker appointed Reps. George B. Roberts, Jr., 
Coutermarsh and Bell. 

Reps. George B, Roberts, Jr. and Coutermarsh offered the 
following resolution. 

Resolved, that the honorable Senate be notified that the 
House of Representatives has assembled under the authority 
of the call of a special session by the governor and council, and 
is now ready to proceed with the business of the 1974 special 
session. 

Adopted. 

Rep. Zachos offered the following: 

Resolved, that in accordance with the list in the possession 
of the clerk. House Bills numbered 1 through 35 shall be by 
this resolution read a first and second time by the therein listed 
titles, and referred to the therein designated committees. 

Adopted. 



4 House Journal, 19Feb74 

INTRODUCTION OF HOUSE BILLS 

First, second reading and referral 

HB 1, making supplemental appropriations for expenses 
of certain departments of the state for the fiscal years ending 
June 30, 1974 and June 30, 1975 and making other budgetary 
changes. (Drake of Coos Dist. 3 — To Appropriations) . 

HB 2, making appropriations for capital improvements. 
(Mann of Hillsborough Dist 3; Raymond of Cheshire Dist. 12 
— To Public Works) . 

HB 3, relative to establishment of a food stamp program 
and making an appropriation therefor. (D'Allesandro of Hills- 
borough Dist. 34; Gallen of Grafton Dist. 1; McLane of Merri- 
mack Dist. 16; Sen. Trowbridge of Dist. 11 — To Public Health 
and Welfare) . 

HB 4, providing supplemental grants to families with de- 
pendent children and making an appropriation therefor. (Brun- 
got of Coos Dist. 8; McLane of Merrimack Dist. 16; Roberts of 
Belknap Dist. 4; Gelinas of Hillsborough Dist. 31 — To Public 
Health and Welfare) . 

HB 5, establishing an emergency energy authority and mak- 
ing an appropriation therefor. (Coutermarsh of Hillsborough 
Dist. 24; LaRoche of Strafford Dist. 11 — To Executive Depart- 
ments and Administration) . 

HB 6, providing overtime pay for certain classified state 
employees, and making an appropriation therefor. (Noble of 
Merrimack Dist. 21 — To Executive Departments and Admin- 
istration) . 

HB 7, permitting municipalities to establish, acquire, main- 
tain and operate public transportation facilities in cooperation 
with governmental units of adjoining states and permitting 
broader cooperation in furnishing of municipal services. (Cham- 
bers of Grafton Dist. 13; Symons of Grafton Dist. 14; Hough 
of Grafton Dist. 14 — To Municipal and County Government) . 

HB 8, permitting the election of delegates to national party 
conferences. (Hildreth of Belknap Dist. 7; Orcutt of Hills- 
borough Dist. 8 — To Statutory Revision) . 

HB 9, increasing the debt limit for the Londonderry school 
district. (Boucher of Rockingliam Dist. 3 — To Education) . 



House Journal, 19Feb74 5 

HB 10, providing for a special license to hunt pheasants; 
and authorizing the director of fish and game to implement a 
buck law on a county, town, city or area basis, with the approval 
of the fish and game commission. (Maynard of Rockingham 
Dist. 18; Richardson of Coos Dist. 4; Hunt of Coos Dist. 2; 
Huggins of Coos Dist. 1 — To Fish and Game) . 

HB 11, to increase the salaries of state classified employees 
and non-exempt employees of the university system and provid- 
ing differential pay to classified prison employees and making 
appropriations therefor. (Coutermarsh of Hillsborough Dist. 
24; Roberts of Belknap Dist. 4; Sen. Nixon of Dist. 9 — To 
Executive Departments and Administration) . 

HB 12, conforming tax commission references in the cur- 
rent use taxation law to the revised revenue administration laws. 
(Nutt of Grafton Dist. 13 — To Executive Departments and 
Administration) . 

HB 13, repealing the termination date of RSA 357-B. 
(Murray of Belknap Dist, 9 — To Transportation) . 

HB 14, revising the management-employee relations law 
for state employment. (Coutermarsh of Hillsborough Dist. 24 
— To Labor, Human Resources and Rehabilitation) . 

HB 15, relative to redistricting the ward lines of the city 
of Laconia. (Huot of Belknap Dist. 6; Hildreth of Belknap Dist. 
7 — To Special Committee — Laconia Delegation) . 

HB 16, permitting public accountants to form a profession- 
al association. (Plourde of Merrimack Dist. 7 — To Statutory 
Revision) . 

HB 17, increasing the mileage rate for all state employees 
using privately owned passenger vehicles and making an appro- 
priation therefor. (O'Connor of Strafford Dist. 15; Hildreth of 
Belknap Dist. 7 — To Executive Departments and Administra- 
tion) . 

HB 18, requiring local approval prior to approval of site 
plans for oil refineries. (Dudley of Strafford Dist. 4 — To Mu- 
nicipal and County Government) . 

HB 19, increasing the amount of political expenditures 
authorized for candidates in primary and general elections seek- 
ing the office of governor, U.S. senator, representative in con- 



6 House Journal, 19Feb74 

gress, governor's councilor, county officer, state senator or rep- 
resentative to the general court. (McLane of Merrimack Dist. 
16; Chandler of Merrimack Dist. 3 — To Statutory Revision) . 

HB 20, increasing the interest rate of housing authority 
bonds. (Bigelow of Merrimack Dist, 3 — To Statutory Revi- 
sion) . 

HB 21, relative to the duties of the state board of educa- 
tion and prohibiting the expenditure of public moneys in non- 
public schools unless said schools have program approval by the 
department of education. (French of Belknap Dist. 1 — To 
Education) . 

HB 22, establishing a critical lands commission; providing 
for the classification of certain land areas of the state as critical 
and making an appropriation therefor. (Claflin of Carroll Dist. 
4; Greene of Rockingham Dist. 17; Barrus of Sullivan Dist. 2; 
Kopperl of Merrimack Dist. 9 — To Environment and Agricul- 
ture and Resources, Recreation and Development) . 

HB 23, continuing present city of Somersworth's elected 
officials in office until next regular election and electing consti- 
tutional convention delegates from old wards; and permitting 
the city of Rochester to hold a referendum to abolish the police 
commission and amend its charter. (Meserve of Strafford Dist. 
7; LaRoche of Strafford Dist. 11 — To Municipal and County 
Government) . 

HB 24, permitting the use of changeable effective date des- 
ignations, such as decals, on all motor vehicle and boat regis- 
tration plates; authorizing the governor and council to establish 
temporary speed laws; and exempting certain functions relative 
to motor vehicles and highways from the provisions of the ad- 
ministrative procedures act. (Hamel of Rockingham Dist. 11; 
Woods of Rockingham Dist. 22 — To Transportation) . 

HB 25, changing the reporting date for the study commis- 
sion on the problems of unemployed citizens in New Hamp- 
shire. (Hildreth of Belknap Dist. 7; Simard of Rockingham 
Dist. 9 — To Executive Departments and Administration) . 

HB 26, relative to guaranteeing a minimum adequate in- 
come for the elderly, blind and disabled; and making an appro- 
priation therefor. fSpirou of Hillsborough Dist. 27; Plourde 



House Journal, 19Feb74 7 

of Merrimack Dist. 7 — To Labor, Human Resources and Re- 
habilitation) . 

HB 27, relative to carrying a loaded pistol on an OHRV, as 
defined in RSA 269-C. (Gorman of Rockingham Dist. 4 — To 
Transportation) . 

HB 28, authorizing Franklin Pierce College to grant the 
degree of juris doctor. (French of Belknap Dist. 1 — To Edu- 
cation) . 

HB 29, relative to tuition payments for the definitions of 
handicapped persons under the age of twenty-one and amend- 
ing the appropriation for same. (French of Belknap Dist. 1 — 
To Education) . 

HB 30, relative to the civil commitment procedures in the 
probate courts and detention and discharge procedures for the 
mentally ill. (Roberts of Belknap Dist. 4; Currier of Hillsbor- 
ough Dist. 15 — To Judiciary) . 

HB 31, authorizing the public utilities commission to ac- 
quire, as agent of the state, such railroad properties within the 
state deemed to be necessary for continued and future railroad 
operation for the benefit of the public, and making an appro- 
priation therefor. (Hoar of Rockingham Dist. 8; Stevens of 
Cheshire Dist. 1; Bigelow of Merrimack Dist. 3; Hunt of Coos 
Dist. 2; Sen. Claveau of Dist. 14 — To Statutory Revision) . 

HB 32, relative to the commission and taxes on pari-mutuel 
pools at dog tracks. (Coutermarsh of Hillsborough Dist. 24 — 
To Ways and Means) . 

HB 33, relative to the Winnipesaukee River Basin Control. 
(Roberts of Belknap Dist. 4 — To Resources, Recreation and 
Development) . 

HB 34, relative to energy facility evaluation, siting, con- 
struction and operations and providing for a tax on refined 
petroleum products. (Roberts of Belknap Dist. 4; Coutermarsh 
of Hillsborough Dist. 24 — To Environment and Agriculture) . 

HB 35, providing for twenty years retirement for members 
of group II under the New Hampshire Retirement System, per- 
mitting the transfer of members of the New Hampshire Fire- 
men's Retirement System and of the New Hampshire Police- 
men's Retirement System into the New Hampshire Retirement 



8 House Journal, 19Feb74 

System and making an appropriation therefor. (Coutermarsh 
of Hillsborough Dist. 24; Roberts of Belknap Dist. 4 — To 
Appropriations) . 

RESOLUTION 

Reps. George B. Roberts, Jr. and Coutermarsh offered the 
following resolution. 

Resolved by the House of Representatives that the speaker 
after consultation with the minority leader, may cancel a sched- 
uled meeting of the House in the event of a severe snowstorm 
which would make it dangerous, in his opinion, for members 
to come to Concord for the session, provided he makes notifica- 
tion of such cancellation through the procedures set forth by 
the emergency committee recommendations which were de- 
veloped in the 1969 session. In case of such cancellation the 
House shall meet on the following legislative day. Any member 
who travels to Concord or who is already in Concord on legis- 
lative business on any day that a meeting of the House is under 
the authority of this resolution cancelled shall be entitled to 
legislative mileage for such attendance on legislative business. 

Adopted. 

SENATE MESSAGE 

Mr. Speaker: 

Be informed that the Honorable Senate under the authority 
of the Call of a Special Session by the Governor and Council 
has assembled and is now ready to proceed with the business of 
the 1974 Special Session. 

RESOLUTION 

Reps. Zachos and Coutermarsh offered the following resolu- 
tion: 

Be It Resolved by the House of Representatives, that the 
Clerk of the House and the Assistant Clerk of the House shall 
for the 1974 special session be paid the same daily compensation 
that they received during a regular session. 

Adopted. 

RESOLUTION 

Reps. Zachos and Coutermarsh offered the following resolu- 
tions: 



House Journal, 19Feb74 9 

Resolved, that all action taken at all sessions of the House 
of Representatives be recorded through the public address sys- 
tem on tape, said tapes to be used by the House and the clerk, 
within three legislative days, to confirm and correct the perm- 
anent journal. The permanent journal as thus prepared by the 
clerk or as corrected by the House shall be the official record 
of the House, and be it further 

Resolved, that the committee on the journal be authorized 
to examine the permanent journal of the last three days of the 
session, as prepared by the clerk, and with the approval of the 
speaker and the minority leader to make corrections of the 
same. 

Adopted. 

RECESS 

JOINT CONVENTION 

ADDRESS OF GOVERNOR MELDRIM THOMSON, JR. 

Mr. President; Mr. Speaker; Honorable Members of the 
General Court: 

You gather here today in Special Session in response to a 
call issued by the Governor and Council last October pursuant 
to Part II, Article 50 of our Constitution. 

When you adjourned last July there were faint whisper- 
ings of a fuel crisis to come. Heeding these warnings, I had ap- 
pointed in June an Energy Council, headed by former Gover- 
nor Lane Dwinell. 

Later in the fall the predicted fuel crisis became real. For 
a time we thought of calling a special session before the end of 
the year to consider modification of daylight time, lowering our 
speed limits, and placing emergency powers in the hands of the 
Governor and Council. 

Congress, following the leadership of the President, re- 
stored daylight savings time and lowered speed limtis. And we 
found that the Governor and Council possessed adequate powers 
to cope with a fuel crisis under the provisions of RSA 339:39. 

However, we still faced some hard decisions requiring legis- 
lative implementation. These included action on a food stamp 



10 House Journal, 19Feb74 

program, reconsideration of a capital budget, and a supplemen- 
tal operating budget to provide for the rapid increase in the 
costs of fuels and foods for public institutions. 

Hence, I am glad that you have returned to the State House 
to help share the tough decisions that must be made to serve 
responsibly our people. 

The challenges of this session cut across partisan politics. 
They require that you and I labor in harmony, reason together, 
and be wise in the use of the limited resources at our disposal. 

The Economy 

We anticipate a surplus of $13 million in the operating 
budget for the current fiscal biennium. 

In the 53 bills and one Joint Resolution approved by the 
joint Rules Committee you are asked to spend $81 million — 
$34 million for expenses in the biennium and $47 million for 
items to be financed by borroAving! 

When you left here last summer the economic climate was 
fair. You had met more generously the needs of our people than 
at any prior time in our history. Our budget was in balance and 
we anticipated a small surplus. 

Since then the winds of fortune have shifted full course. We 
now stand in the midst of a severe economic storm that promises 
to grow worse before its clouds are dissipated. 

Our unemployment stands at 5% up from 4.5% for the 
same time last year. The cost of living has skyrocketed. 

Our revenues from highway tolls and gasoline are down 
drastically. Our ski areas and the tourist business generally have 
suffered their worst season. 

Gasoline, fuel oil, and electricity are only a few of the es- 
sential items of our American way of life that are in short sup- 
ply. Until the acute energy crisis is solved, which experts tell 
us is at least six years down the road, Americans will have to 
work harder than ever and make do with less. 

We must live for a few years as conservationists while shift- 
ing the cumbersome gears of the free enterprise system to ful] 
speed on production. 



House Journal, 19Feb74 11 

America's horn of plenty is empty. We cannot refill it by 
economic gimmickry such as building budgets on speculative 
full employment or by borrowing from empty pockets. 

Prosperity will return to our land only when we extinguish 
the raging flames of inflation by producing through hard work 
more than we consume. Legislative programs and appropriations 
are no substitute for the productivity of the free enterprise sys- 
tem. 

Taxes 

This is no time to think of raising new taxes or the rates 
on current ones. 

Nor should we jeopardize the future of our children by 
borrowing their anticipated substance to alleviate the results 
of our own mistakes. 

We must live within our present revenues. 

We must tighten the belt on state spending. 

At a time when the limited dollars in the pockets of our 
citizens buys less fuel, food and other necessities of life, our 
taxpayers will not tolerate the intrusion of the cotton-picking 
fingers of new tax collectors. 

Revenues and Budgets 

Our general revenue, unrestricted funds through January 
were running close to anticipated levels. 

In this category we had received by January 31st, 59% of 
the $124 million estimated by the Legislature for fiscal 1974. 
This was $4 million more than for the comparable period of 
fiscal 1973. 

We are in trouble on our restricted funds such as fish and 
game licenses, road tolls, gasoline taxes, and at the state-owned 
ski areas. However, revenues from these sources could improve 
with an equitable allocation of gasoline to New Hampshire in 
particular, and to New England generally. 

Supplemental Budget 

In preparing a supplemental budget for the current bien- 
nium we should try to limit it to $10 million and thus reserve 



12 House Journal, 19Feb74 

an anticipated surplus of $2 to $3 million for the unexpected 
contingencies which our uncertain economy might hold. 

HB 1, the supplemental budget, would appropriate $11 
million. 

Energy and inflation requests from state agencies accounts 
for almost $7 million. Revised figures suggest that original ener- 
gy estimates might be excessive by $1 million. 

The second large item in HB 1 is a |4 million general fund 
increase of AFDC welfare payments. 

When studying this request for welfare, I would hope that 
legislators would weigh carefully the unprecented increase in 
welfare costs for New Hampshire taxpayers. 

For fiscal 1972-73 the total welfare bill was $91 million of 
which $28 million was raised directly from state taxes. 

This was increased for the current biennium by $15.4 mil- 
lion to $106 million. 

And, if Governor and Council or the Legislature act affir- 
matively on either requests of the Welfare Division now before 
each, we will have to add another $10 million for a revised total 
welfare cost of $116 million. About $37.6 million of this will 
come from state taxpayers. 

Capital Budget 

The bonded indebtedness of the state at the beginning of 
this fiscal year was $136 million. 

As we consider a capital budget that requires bonding we 
should bear in mind two important factors — 

1. If we borrow $33 million as contemplated by HB 2 we 
may have to pay a high interest rate of 4.7 percent or more; and 

2. Any part of it that is used to construct new state build- 
ings will sharply increase our maintenance costs due to the 
energy crisis. 

I would strongly urge that we cut back severely on plans 
to add new buildings for the University System. In the light 
of availability of space in private colleges, we should carefully 
re-evaluate the present need for more space in our public insti- 



House Journal, 19Feb74 13 

tutions of higher learning before plunging into new and costly 
construction. 

Although the total of HB 2 is $2 million less than the capital 
budget of the last session, you should bear in mind that the 
maintenance item of $1 million and the Mt. Washington Au- 
thority item of $3 million have been filed as separate bills. 

Thus the proposed new capital budget is in fact $2 million 
higher than the old one, if you were to include these two sep- 
arate items; and it is $2 million higher in the amount of bonds 
to be authorized. 

The proposed capital budget is much too high for these 
perilous and uncertain economic times. I would hope that you 
could trim it substantially. 

There are those who say that the veto of the capital budget 
last year will eventually cost the state some extra S6 million in 
higher construction costs and interest. 

This is a false argument built upon the premise that we 
cannot reconsider and revise the elements of that exorbitant 
capital budget. Further, it overlooks the fact that in the past, 
construction contracts have generally been let a year to a year 
and a half after the budget was passed. 

The capital budget of last year does not need padding, but 
rather pruning! 

State Employees 

Our state employees would like a substantial increase in 
salaries that would cost the state $9 million. During the current 
fiscal year they received a 4 percent increase. Next July they will 
receive a further increase of 4 percent from an appropriation 
already made. 

The only way any kind of increase in salaries could be 
made, short of new taxes, would be to cut back on authorized 
but unfilled new positions. 

At the last session we cautioned against the abnormal in- 
crease in state positions proposed by the Legislature. 

For fiscal 1974 there were 555 new jobs authorized and for 
1975 another 118 were added. 



14 House Journal, 19Feb74 

Of the 555 new jobs scheduled to be filled in the current 
biennium 359 have been released to date, although 85 of these 
positions are still unfilled. 

Thus, the Legislature in its wisdom could consider cutting 
back by several hundred the positions it authorized last year 
and save up to $2 million. 

Such funds could be applied to a further raise in salaries of 
state employees beginning next July. 

Food Stamps 

The Surplus Food Program of the Department of Agricul- 
ture will come to an end on July 1st. 

At present this program is providing food assistance to 
about 22,000 New Hampshire persons with a value of about 
S2.5 million per year. 

HB 3 would authorize a Federal Food Stamp Program for 
New Hampshire. 

For the balance of this fiscal biennium it would cost $2 
million just for administration — $400 thousand for the rest 
of this fiscal year and $1.6 million for fiscal 1975. About 40 per- 
cent of this would come from state funds. 

It would add more than 100 new employees to the already 
swollen ranks of our welfare bureaucracy. It would be admin- 
istered from Concord by the Welfare Division. 

Under this program up to 60,000 persons would receive 
food stamps. They would pay approximately 80 cents for every 
dollar's worth of food purchased. 

Those already on welfare would receive their food stamps 
in addition to current welfare payments. 

And to be sure that this give-away program grows in recipi- 
ent members and in cost to the taxpayers, it contains its own 
built-in advertising program known as Out-Reach. Thus, with 
tax dollars the program would solicit people to join. 

It is even estimated that with the initial adoption of food 
stamps in New Hampshire several thousand college students 
could join the program. 

We shall suggest a substitute for food stamps. It would cost 



House Journal, 19Feb74 15 

about $2.5 million for fiscal 1975 and serve approximately the 
same number of persons who now receive surplus food. 

We would use the present New Hampshire Distributing 
Agency for the distribution of food vouchers, thus avoiding the 
need for new employees. The vouchers would be distributed 
through the counties and cities to the towns much as surplus 
food is now. 

A state food voucher program would have the advantage of 
low overhead costs. Most important of all, it would be admin- 
istered by local officials who are close to the people and are in 
the best position to know of and to respond to their genuine 
needs. 

We recently discussed such a program with a number of 
County Commissioners and found them overwhelmingly in 
favor of a state food voucher program. 

Railroads 

When we first took office we abandoned the position of the 
prior administration of absolute opposition to all proposed rail- 
road abandonments and entered into negotiations with the Bos- 
ton and Maine to see what could be salvaged. 

We took a firm stand against abandonment of lines needed 
to service established firms for ^vhom truckins: would be an 
impossible substitute. 

These negotiations were carried on by Commissioner 
George Gilman and our Legal Counsel, Charles Douglas. They 
have reached a point where the Boston and Maine will pay to 
the state in back taxes about $1 million which we in turn would 
use to purchase the rights-of-way and some trackage of lines to 
be abandoned. 

This would be a xvash item, costing the citizens nothing, 
and by which the state would acquire title to several rail lines 
that would be abandoned. 

In view of the present uncertainties affecting all railroads 
under the new Railway Act, we believe that HB 31, that would 
put the state in the railroad business at an initial cost of $8 
million is — to speak most charitably — premature and should 
be sent to further study. 



16 House Journal, 19Feb74 

Such a study might well show that the Transportation Au- 
thority, recently created by the Legislature with my support, 
should be the agency charged with railroad matters. 

Refinery 

In this bleak hour of the energy crisis, New Hampshire is 
singularly blessed with the prospect that a refinery may locate 
here. 

An oil refinery such as that proposed by Olympic Refinery, 
Inc. could be an even greater economic boon to our state than 
Pease Air Base. 

The question should not be whether New Hampshire 
would tolerate the Olympic Refinery. 

The question should be do New Hampshire citizens want 
energy enough to throw out the welcome mat to Olympic. 

After all, how often does a vital unit in the American econ- 
omy indicate that it is willing to spend $600 million in one 
state to produce that most precious commodity in the winter 
of '74 — energy? 

A refinery that would — 

— be the largest in the nation 

— be clean as a clinic 

— cost more than a half billion dollars 

— engage 800 to 1000 employees in high paying jobs 

— create 3000 support jobs 

— be able to provide all the oil needed by New Hamp- 
shire and most of that for New England, and 

— meet all environmental standards on land, sea and in 
the air, 

must of necessity add greatly to the prosperity and comfort of 
the people of our state. In terms of progress it would place New 
Hampshire on the threshold of the 2 1st century. 

Just as there is a tide in the affairs of men which if taken 
at the full bears on to fortune; so too, is it with states. 

The tide for a refinery now runs full. Let us embark on 
the voyage that could bring success to New Hampshire. 



House Journal, 19Feb74 17 

Honored Members of the General Court, we face crucial 
problems that require the best from each of us for their success- 
ful resolution. Others who have labored in this hallowed hall 
in the past century and a half have succeeded. So, too, will we. 

While I may not agree with you in all legislative matters 
that you might have under consideration, please do count on 
my sincere and friendly effort to cooperate in every way possible. 

May your work rebound to the credit of New Hampshire! 

On motion of Sen. Foley the Convention arose. 

The Speaker ordered the Governor's address to be printed 
in the Journal. 

HOUSE 

Rep. Drake addressed the House relative to the fiscal affairs 
of the State. 

COMMUNICATION 

Hon. James E. O'Neil 

Speaker 

House of Representatives 

Dear Mr. Speaker: 

Through you I wish to thank all of the members of the 
House for the purse presented to me at the closing of the Session. 

Your thoughtfulness was most appreciated. 

Sincerely, 

Eileen Smith 
State House Nurse 

RESOLUTION 

Reps. George B. Roberts, Jr. and Coutermarsh offered the 
following resolution. 

Be It Resolved by the House that the rules of the 1975 
session of the House, as amended in accordance with the copy 
distributed to all members and now in their possession, be 
adopted as the rules of the House for the 1974 special session. 

Rep. Roberts explained changes in the House rules. 



18 House Journal, 19Feb74 

(discussion) 

Rep. Horan offered an amendment. 

The clerk read the amendment in full. 

Rep. Horan spoke in favor of his amendment. 

Reps,. Coutermarsh and Roberts spoke against the amend- 
ment. 

Amendment lost. 

Resolution adopted. 

CHANGES IN HOUSE RULES 

New 32 (v) It shall be the duty of the Committee on Ways 
be in order only when given to the House in open session prior 
to adjournment on the same day on Avhich the vote was passed 
or on the next day on ^s^hich the House shall be in session with- 
in one-half hour after the convening of the early session and any 
such notice of reconsideration shall be effective only for the next 
legislative day and thereafter shall be null and void. 

New 28 (v) It shall be the duty of the Committee on Ways 
and Means to examine and take into consideration the state of 
the treasury, to consider and report on all bills and resolutions 
relating to raising money by a state tax, the apportionment of 
the same, and all other methods for raising revenue for the state. 
They shall consider and report periodically to the House upon 
every other subject concerning the financial interest of the state. 

Omit paragraph 2, Rule 32 (a) 

New 38. All petitions, memorials and other papers ad- 
dressed to the House and all bills and resolutions to be intro- 
duced in the House shall be delivered or caused to be delivered 
to the Office of Legislative Services by the person presenting 
them. Legislative Services shall prepare the bills, resolutions, pe- 
titions, memorials and other papers in proper form and shall 
present the same to the member for signature. Legislative Ser- 
vices shall give precedence in drafting legislation to any measure 
which carries an appropriation and all such legislation shall be 
prepared for signature by the sponsor. 

New 43. A hearing shall be held upon each bill referred to 
a committee, and notice of such hearing shall be advertised at 



House Journal, 19Feb74 19 

least one day in the Calendar of the House, When requested by 
the President of the Senate, the Speaker may authorize and 
direct the appropriate House Committee or committees to sit 
with the appropriate Senate committee or committees at a 
public hearing of any Senate bill, and no further public hearing 
on such bill shall be required when such bill is subsequently 
received in the House from the Senate. 

Omit paragraph 2, Rule 43. 

57 Omit. 

58 Omit. 

59 Omit. 

Reps. Zachos and Coutermarsh offered the following resolu- 



tion. 



HOUSE CONCURRENT RESOLUTION 



Be It Resolved by the House, The Senate Concurring, that 
the actions of the rules committees of each house and the joint 
rules committee in granting approval for drafting, preprinting, 
and introduction of bills, joint resolutions and concurrent reso- 
lutions to amend the constitution are hereby legalized, ratified, 
approved and confirmed; and the scheduling and holding of all 
hearings by said committees as printed in the calendars of both 
houses and today distributed to all members are also hereby 
legalized, ratified, approved and confirmed and any rule requir- 
ing any different notice of such scheduling is hereby suspended. 

The clerk read the resolution in full. 

Rep. George B. Roberts, Jr. explained changes in the joint 
rules. 

(discussion) 

Rep. Horan offered an amendment. 

The clerk read the amendment in full. 

Rep. Horan spoke in favor of his amendment. 

Reps. Coutermarsh and Roberts spoke against the amend- 
ment. 

Amendment lost. 



20 House Journal, 19Feb74 

Rep. Daniell offered an amendment. 

Amend proposed joint rule No. 23 by striking out the same 
and inserting in place thereof the following: 

Rule No. 23. No action may be taken in either house on 
any committee of conference report until a copy of said report 
has been delivered to the seats or placed on the desks of all 
members. A committee of conference may neither change the 
title of any bill submitted to it nor add amendments which are 
not germane to the subject matter of the bill as originally sub- 
mitted to it. 

The clerk read the amendment in full. 

Rep. Daniell spoke in favor of his amendment. 

(discussion) 

Reps. Sayer, Gerry F. Parker and George E. Gordon spoke 
in favor of the amendment. 

Reps. George B. Roberts, Jr. and Scamman spoke against 
the amendment. 

Rep. T. Anne Webster requested a division. 

146 members voted in the affirmative and 146 in the nega- 
tive. 

Rep. Sayer challenged the vote. 

158 members having voted in the affirmative and 155 in 
the negative, the amendment was adopted. 

Resolution adopted. 

SENATE MESSAGE 

INTRODUCTION OF SENATE BILL 

SB 14, relative to election of delegates to the constitutional 
convention from Berlin, 

SUSPENSION OF RULES 

The member from Berlin, Mr. Fortier, moved that the 
rules be so far suspended as to dispense with committee refer- 
ence, hearing, advertising in Journal on SB 14, relative 
to election of delegates to the constitutional convention from 



House Journal, 20Feb74 21 

Berlin, and to permit the bill to be placed on third reading 
and final passage at the present time. 

Reps. Coutermarsh and George B. Roberts, Jr. spoke in 
favor of the motion. 

Adopted by the necessary two-thirds. 

Third reading and final passage 

SB 14, relative to election of delegates to the constitutional 
convention from Berlin. 

RECONSIDERATION 

Rep. T. Anne Webster moved reconsideration of Daniell 
amendment to joint rule 23. 

Reconsideration lost. 

Rep. George B. Roberts, Jr. moved that we now adjourn 
from the morning session, that the business of the afternoon 
session be in order at the present time, and when the House ad- 
journs, it adjourn to meet tomorrow at 1 1 a.m. 

Adopted. 

On motion of Rep. Lynch the House adjourned at 1:50 
p.m. 



Wednesday, 20Feb74 



The House met at 1 1 :00 o'clock. 

Prayer was offered by House Chaplain Rev. Joseph Y. 
Beaulieu. 

O Lord, Our God, we ask You for the desire and the power 
to help others. Give us the opportunity of serving our generation 
according to Your will, and manifesting Your grace to men. 

We pray also for the repose of the soul of Romeo Desilets, 
gTant him right, peace and happiness in Your Eternal Kingdom. 
We ask this through Christ our Lord. Amen. 

PLEDGE OF ALLEGIANCE 
Rep. Joseph M. Eaton led the Pledge of Allegiance. 



22 House Journal, 26Feb74 

LEAVES OF ABSENCE 
Rep. Dorthea M, O'Neil, the day, important business. 
Rep, Canney, indefinite, illness. 

ENROLLED BILLS REPORT 

SB 14, relative to election of delegates to the constitutional 
convention from Berlin. 

Mabel L. Richardson 
For The Committee. 

Rep. George B. Roberts, Jr. moved that we now adjourn 
from the morning session, that the business of the afternoon ses- 
sion be in order at the present time, and when the House ad- 
journs, it adjourn to meet Tuesday next at 11:00 a.m. 

Adopted. 

On motion of Rep. Rogers the House adjourned at 11:10 
a.m. 



Tuesday, 26Feb74 

The House met at 1 1 :00 o'clock. 

(Rep. George B. Roberts, Jr. in the Chair) 

Prayer Avas offered by House Chaplain Rev. Joseph Y. 
Beaulieu. 

O Lord, Our God, send your blessing upon us and all our 
work done in Your name. Give light to guide us, courage to 
support us and love to imite us, now and forever more. Amen. 

PLEDGE OF ALLEGIANCE 
Rep. Milne led the Pledge of Allegiance. 

LEAVES OF ABSENCE 
Reps. Connors, Bernard, and Conley, the day, illness. 

Reps. Harriet W. H. Richardson and Cobleigh, indefinite, 
illness. 

Rep. Cary, the week, illness. 



House Journal, 26Feb74 23 

Reps. Chris K. Andersen, Hough, Cummings and George 
E. Lemire, the day, important business. 

Rep. Tibbetts, the week, important business. 

Rep. Saunders, indefinite, important business. 

SENATE MESSAGES 
CONCURRENCE 

Amendment to Joint Rules. 



The Honorable Senate has voted to adopt a calendar of 
meetings for the 1974 Special Session. 

Meetings to be held on February 19, 20, 26, 27. 

March 6, 7, 12, 13, 19,20,26,27. 

April 2, 3, 10. 

UNANIMOUS CONSENT 

Rep. Tripp addressed the House by unanimous consent as 
follows: 

At the request of Mrs. Ethel Canney I am addressing the 
General Court to express the heartfelt appreciation of Mrs. 
Ralph Canney and their children for the floral tributes sent by 
the House of Representatives and the personnel in the Sergeant 
of Arms office, for the cards and letters so frequently sent to 
Ralph during his 8 month illness and for the many expressions 
of sympathy sent by those involved in state government from 
time to time. 

We would also voice our thanks to all those who respect- 
fully attended the funeral services last Saturday. 

PERSONAL PRIVILEGE 

Reps. Beckett and Richard L. Bradley rose on a point of 
personal privilege. 

Rep. Charles B. Roberts moved that Rep. Beckett's remarks 
be printed in the Journal. 

Rep. Sayer spoke against the motion. 

Motion lost. 



24 House Journal, 26Feb74 

COMMITTEE REPORTS 

HB 9 

increasing the debt limit for the Londonderry school dis- 
trict. Ought to pass with amendment. Rep. Rock for Education. 

The committee concurs with the sponsor's indicated need 
for additional bonding authority after a most expertly 
detailed and researched presentation on the needs and 
difficulties faced because of population explosion in the 
area. 

AMENDMENT 

Amend the bill by striking out section 1 and inserting in 
place thereof the following: 

1 Londonderry School District Limit Increased. Nothwith- 
standing the provisions of RSA 33:4-a to the contrary, the school 
district encompassing the town of Londonderry shall not incur 
net indebtedness to an amount at any one time outstanding 
exceeding nine percent of its equalized valuation as determined 
according to law. 

Amendment adopted. 

Ordered to third reading. 

HB 6 

providing overtime pay for certain classified state em- 
ployees, and making an appropriation therefor. Inexpedient 
to legislate. Rep. Cushman for Executive Departments and 
Administration. 

This bill would need some work. The committee felt it 
would be better to re^mte the bill for the next session of 
the legislature. The sponsor agreed. 

Resolution adopted. 

HB 11 

to increase the salaries of state classified employees and 
non-exempt employees of the university system and providing 
differential pay to classified prison employees and making ap- 
propriations therefor. Ought to pass with amendment. Rep. 
McLane for Executive Departments and Administration. 

The committee feels that state employees deserve, and are 



House Journal, 26Feb74 25 

in need of, a pay raise. If enough money cannot be found 
in the state of New Hampshire for this pay raise, the com- 
mittee feels that this should be the decision of the Appro- 
priations Committee to kill the bill. To Appropriations. 

AMENDMENT 

Amend the title of the bill by striking out same and insert- 
ing in place thereof the following: 

AN ACT 

to increase the salaries of state classified employees and 
employees of the university system and providing differential 
pay to classified prison employees and correctional psychiatric 

aides at the New Hampshire state hospital and making 
appropriations therefor. 

Amend the bill by striking out sections 9, 10, and 11 of 
same and inserting in place thereof the following: 

9 University System Employees. There is hereby appro- 
priated for the fiscal year ending June 30, 1974 the sum of one 
million twenty-eight thousand sixty-eight dollars. The sum 
hereby appropriated shall be used by the trustees of the univer- 
sity of New Hampshire to increase the annual salaries of those 
employees of the university system whose salaries are equivalent 
to those within the state classified employee salary structure by 
seven hundred eighty dollars or eight percent, whichever is 
greater, with a maximum of one thousand two hundred twenty 
dollars, effective January 4, 1974. There is hereby appropriated 
for the fiscal year ending June 30, 1975 the sum of three million 
forty-two thousand nine hundred twelve dollars. The sum here- 
by appropriated shall be used by the trustees of the university 
of New Hampshire to increase the annual salaries of those em- 
ployees of the university system whose salaries are equivalent 
to those within the state classified employee salary structure by 
four percent, on the average, effective June 21, 1974. This ap- 
propriation shall not be transferred or expended for any other 
purpose. The governor is authorized to draw his warrant for this 
sum out of any money in the treasury not otherwise appropri- 
ated. 

10 Hazardous Pay for Prison Personnel and Correctional 
Psychiatric Aides. Amend RSA 99 by inserting after section 9 
the following: new section: 



26 House Journal, 26Feb74 

99:10 N. H. State Prison and State Hospital. Classified em- 
ployees at the state prison and correctional psychiatric aides at 
the state hospital shall be paid in addition to their regular 
salary, hazardous duty pay in the amount of twenty-five dollars 
per week. 

11 Appropriation. There is hereby appropriated for the 
fiscal year ending June 30, 1974 for the purposes of section 10 
of this act the following sum: fifty thousand three hundred 
seventy-five dollars from the general fund. There is hereby ap- 
propriated for the fiscal year ending June 30, 1975 the following 
sum: two hundred one thousand five hundred dollars from the 
general fund. The governor is authorized to draw his warrant 
for the sums hereby appropriated out of any money in the 
treasury not otherwise appropriated. 

Amendment adopted. 

Referred to Appropriations. 

HB 17 

increasing the mileage rate for all state employees using 
privately owned passenger vehicles and making an appropria- 
tion therefor. Ought to pass with amendment. Rep. Roderick 
H. O'Connor for Executive Departments and Administration. 

The bill increases mileage rates from 10c to 12c per mile. 
For each 10c rise in the average price of gasoline the legis- 
lative fiscal committee advises Governor and Council to 
implement ale rise in the mileage rate. 

The amendment allows for a decrease in the mileage rate 
if the price of gasoline goes down. The amendment also 
reduces the appropriation from $202,000 to $131,000 and 
empowers the Governor to draw his warrant from the ap- 
propriate funds. 

AMENDMENT 

Amend the bill by striking out sections 1 and 2 and insert- 
ing in place thereof the following: 

1 Mileage Rate. Amend RSA 99-A:l, as inserted by 1955, 
257:1, as amended, by striking out said section and inserting 
in place thereof the following: 

99- A: 1 State Officials and Employees. State officials and 



House Journal, 26Feb74 27 

employees required to use their private cars in the conduct of 
official business for the state shall be reimbursed for mileage 
at a rate of twelve cents per mile. When the price of gasoline 
reaches a statewide average of fifty cents per gallon, as deter- 
mined by the legislative fiscal committee and upon approval by 
the governor and council, an additional one cent per mile in- 
crease shall be authorized. The legislative fiscal committee shall 
continue monitoring the statewide average price of gasoline and 
for each ten cent increase or decrease per gallon from fifty cents, 
as determined by said committee and upon approval of governor 
and council, a one cent per mile increase or decrease, respec- 
tively, shall be authorized, except that in no case shall the mile- 
age reimbursement rate be decreased below twelve cents per 
mile. 

2 Appropriation. There are hereby appropriated for fiscal 
year ending June 30, 1975 for the purpose of section 1 of this 
act the following sums: $64,126 from general funds, $35,452 
from highway funds, $1,000 from fish and game funds, $30,409 
from special funds. The governor is authorized to draw his 
warrant for the money hereby appropriated which shall be a 
charge against the general fund and against each special fund 
as designated. If an additional appropriation is required due to 
an increase above the twelve cents a mile authorized, the gov- 
ernor is authorized to draw his warrant for any additional funds 
required for such additional appropriations which shall be a 
charge against the general fund and against each special fund 
as designated. 

Amendment adopted. 

At the request of Rep. Gerry F. Parker, Rep. Roderick H. 
O'Connor answered questions. 

Referred to Appropriations. 

HCR 1 

memorializing Miriam Jackson. Ought to pass. Rep. Milne 
for Resolutions and Screening. 

Fitting tribute. 

The clerk read the resolution in full. 

Unanimously adopted. 

HCR 2 

establishing a joint committee to study the railroad condi- 



28 House Journal, 26Feb74 

tions and related matters in the state of New Hampshire. Refer 
to Committee on Statutory Revision. Rep. Milne for Resolu- 
tions and Screening. 

Needed because of The Regional Rail Reorganization Act 

of 1973. 

Referred to Committee on Statutory Revision. 

HCR 3 

relative to the protection of the New Hampshire fishing 
industry. Refer to Committee on Fish and Game. Rep. Milne 
for Resolutions and Screening. 

Requested by DRED. 

Referred to Committee on Fish and Game. 

HB 8 

permitting the election of delegates to national party con- 
ferences. Inexpedient to legislate. Rep. Chase for Statutory 
Revision. 

Withdrawn by sponsor. 

Resolution adopted. 

HB 16 

permitting public accountants to form a professional asso- 
ciation. Ought to pass. Rep. Chase for Statutory Revision. 

Enables public accountants to form professional associa- 
tions. 

(discussion) 

Rep. Elizabeth E. Goff offered an amendment. 

The clerk read the amendment in full. 

POINT OF ORDER 
Rep. T. Anne Webster rose on a point of order. 



Rep. Goff explained her amendment. 

(discussion) 
Rep. Beckett further explained the amendment. 
Amendment lost. 



House Journal, 26Feb74 29 

Rep. Joseph L. Cote moved that the words, inexpedient 
to legislate, be substituted for the committee report, ought to 
pass, and spoke in favor of the motion. 

Reps. Chase and Newell spoke against the motion. 

Rep. Dupont moved the previous question. 

Sufficiently seconded. 

Adopted. 

Rep. Joseph L. Cote requested a division and subsequently 
withdrew his request. 

Motion lost. 

Ordered to third reading. 

HB 28 

authorizing Franklin Pierce College to grant the degree 
of juris doctor. Ought to pass with amendment. Rep. Matheson 
for Education. 

This bill has been heard by the Education Committee in 
the 1973 session, studied in the interim by the committee 
as a whole and reheard in the 1974 special session. All 
criteria having been met, it is recommended for passage. 

AMENDMENT 

Amend section 1 of the bill by striking out same and in- 
serting in place thereof the following: 

1 Authority Extended. Amend 1965, 471:1, as amended by 
1969, 554:1, by inserting in line eight after the word "achieve- 
ment." the following (Said college is further authorized and 
empowered, until June 30, 1977, to grant the degree of juris 
doctor to qualifying graduates of its adjunct, Franklin Pierce 
Law Center.) so that said section as amended shall read as 
follows: 

471:1 Franklin Pierce College. Franklin Pierce College, a 
voluntary corporation formed under the provisions of RSA 292 
is hereby authorized and empowered to establish and maintain 
an institute of learning to be known as Franklin Pierce College, 
to prescribe the rules for the government of said college and the 
courses of studies to be pursued therein, and to confer upon 



30 House Journal, 26Feb74 

graduates thereof the degrees of bachelor of arts and bachelor 
of science to the qualifying candidates and to give customary 
honorary recognition to outstanding individuals for note- 
worthy achievement. Said college is further authorized and em- 
powered, until June 30, 1977, to grant the degree of juris doctor 
to qualifying graduates of its adjunct, Franklin Pierce Law 
Center. 

Amendment adopted. 

Rep. Horan offered an amendment. 

The clerk read the amendment in full. 

Rep. Horan explained his amendment. 

Rep. French spoke against the amendment. 

Amendment lost. 

Ordered to third reading. 

Approved by House Resolutions and Screening Committee. 

HOUSE RESOLUTION 

Whereas, the University of New Hampshire's varsity hockey 
team is currently ranked number one in the east in top divi- 
sional play; and 

Whereas, the team is also ranked number three in the en- 
tire nation; and 

Whereas, team captain Gordie Clark has attained AU- 
American recognition and goalie Cap Raeder is ranked number 
one in the east at his position; and 

Whereas, the team roster includes the three top scorers in 
the east in Gordie Clark, Jamie Hislop and Cliff Cox; 

Now Therefore Be It Resolved by the House of the State 
of New Hampshire Assembled: 

That congratulations be extended to the entire team, to 
the members of the above-named, and to Coach Charles Holt 
for the credit they reflect upon the University and the State for 
their outstanding success in intercollegiate athletic competition; 
and 

That a copy of these resolutions be conveyed to Coach Holt 
for the entire team. 



House Journal, 27Feb74 31 

Offered by Reps. Kenneth W, Spalding, McManus and 
Elmer S. Wiggin. 

RESOLUTION 

Rep. Coutermarsh moved that we now adjourn from the 
morning session, that the business of the afternoon session be 
in order at the present time, tiiat third reading of bills be by 
title only, and when the House adjourns it adjourn to meet 
tomorrow at 1 1 a.m. 



Adopted. 



LATE SESSION 
Third reading and final passage 



HB 9, increasing the debt limit for the Londonderry school 
district. 

HB 16, permitting public accoimtants to form a profession- 
al association. 

HB 28, authorizing Franklin Pierce College to grant the 
degree of juris doctor. 



Rep. David J. Bradley, Chairman of the Special Commit- 
tee on Bill Handling made a presentation to the House. 

On motion of Rep. Harvell the House adjourned at 12:50 
p.m. in memory and in honor of Miriam Jackson. 



Wednesday, 27Feb74 

The House met at 1 1 :00 o'clock. 

Prayer was offered by House Chaplain Rev. Joseph Y. 
Beaulieu. 

O Lord, God Almighty, who has made all the nations on 
the face of the earth to serve You: Give us not only a passion for 
equal justice under the law, but also strength of self-control 
that we may exercise our liberty with a single desire to promote 
your gracious will for all mankind. 

We ask this through Christ Our Lord. Amen. 



32 House Journal, 27Feb74 

PLEDGE OF ALLEGIANCE 
Rep. Brungot led the Pledge of Allegiance. 

LEAVES OF ABSENCE 

Reps. Conley and Elizabeth E. Goff, the day, illness. 

Rep. Bernard, indefinite, illness. 

Rep. Tilton, the day, death in family. 

Reps. Roger K. Warren, Cummings and VanLoan, the day, 
important business. 

SENATE MESSAGE 
CONCURRENCE 
HCR 1, memorializing Miriam Jackson. 

COMMITTEE REPORTS 

HB 21 

relative to the duties of the state board of education and 
prohibiting the expenditure of public moneys in non-public 
schools unless said schools have program approval by the de- 
partment of education. Ought to pass with amendment. Rep. 
Rock for Education. 

This bill provides the mechanism to correct a situation 
wherein the program of education for handicapped chil- 
dren comes under control of the state board of education. 

AMENDMENT 

Amend RSA 198:20-a as inserted by section 2 of the bill by 
striking out said section and inserting in place thereof the fol- 
lowing: 

198:20-a Payment of Governmental Moneys Prohibited in 
Non-Public School Without Program Approval by the Board of 
Education for Handicapped Children, No state moneys or 
moneys raised and appropriated by any political subdivision of 
the state or any federal moneys administered by the state or any 
political subdivision thereof shall be paid or granted to a non- 
public school for the education and training of handicapped 
children as defined by RSA 186-A:2, IV which has not been ap- 



House Journal, 27Feb74 33 

proved by the state board of education pursuant to those policies 
adopted under the provisions of RSA 186: 1 1, XXIX. 

Amendment adopted. 

Ordered to third reading. 

HB 29 

relative to tuition payments for the definitions of handi- 
capped persons under the age of twenty-one and amending 
the appropriation for same. Ought to pass with amendment. 
Rep. Rock for Education. 

This bill, as amended, corrects flaws in two laws enacted 
in the 1973 session. 

AMENDMENT 

Amend the title of the bill by striking out same and in- 
serting in place thereof the following: 

AN ACT 

relative to tuition payments for the definitions of handicapped 

persons under the age of twenty-one and amending the 

appropriation for same and educational 

expenses in public institutions. 

Amend the bill by striking out section 5 and inserting in 
place thereof the following: 

5 Educational Expenses of Inmates and Patients. Amend 
RSA 8:41-c (supp) as inserted by 1973, 385:1, by striking out 
said section and inserting in place thereof the following: 

8:41-c Educational Expenses. Educational expenses of any 
inmate or patient, who is educable or trainable and who is 
between six and twenty-one years of age, as required under 
statute and incurred in the institutions named in or at the 
direction of the commissioner of health and welfare, in any 
public or private institution or elsewhere, shall be recovered 
from the school district in which the patient's or inmate's par- 
ents or legal guardian reside on the January first preceding 
the recovery up to the state average elementary cost per pupil, 
as determined by the state board of education for the preced- 
ing school year. The liability of the school district for such 
expenses shall precede that of the persons and estates named in 



34 House Journal, 27Feb74 

RSA 8:41 and RSA 8:41-a, which are hereby relieved of lia- 
bility for such expenses to the extent of the school district's 
liability. 

6 Effective Date. 

I. Sections 1, 2, 3 and 4 of this act shall take effect upon 
passage. 

II. Section 5 of this act shall take effect July 1, 1974. 

Amendment adopted. 

Rep. Horan moved that HB 29 be referred to the commit- 
tee on Education for further study and spoke in favor of the 
motion. 

Rep. Laurent J. Boucher spoke against the motion. 

(discussion) 

Rep. Rock non-spoke against the motion. 

Motion lost. 

Referred to Appropriations. 

HB 22 

establishing a critical lands commission; providing for the 
classification of certain land areas of the state as critical and 
making an appropriation therefor. Majority: Ought to pass with 
amendment; Rep. Greene for Environment and Agriculture 
and Resources, Recreation and Development. Minority: Inex- 
pedient to legislate. (Reps. Curran, Nelson, Pryor, Lawton and 
Tanner) 

Majority: HB 22 establishes a method of identifying and 
protecting critical land areas of the state. Strict guidelines 
are set up and the critical land commission and its direc- 
tor are limited in their applications of the law to those 
powers specifically granted in the bill. The legislation is 
regulatory, not prohibitory, and has been amended to 
meet objections raised in the public hearing. Basically 
each amendment is to reflect a suggestion made at the 
hearing and the amendment will be explained in detail. 

Minority: 1. It limits the use of much of our farm land 
and urban areas in perpetuity without compensation to 



House Journal, 27Feb74 35 

the owners, or reclassification procedure. 2. The state land 
use inventory is incomplete so no one can really say how 
much land is automatically covered by the bill, or likely to 
be covered by classification. 3. Proper State Land Use Legis- 
lation should balance both the environmental and socio- 
economic factors. This bill deals only with the environ- 
mental factor. 4. As written the bill creates an additional 
layer of bureaucracy incompatible with home rule in 
situations where local control should prevail. 5. No one 
can be sure that the bill is compatible with the National 
Land Use Planning and Assistance Act soon to be enacted. 

Rep. Kopperl explained the bill and amendments, 

(discussion) 

Rep. La^vton moved that the report of the minority, inex- 
pedient to legislate, be substituted for the majority report, 
ought to pass with amendment, and spoke in favor of the mo- 
tion. 

Reps. Joseph L. Cote, Harvell, Coutermarsh, George L 
Wiggins, Nelson, Pryor, Curran and George B. Roberts, Jr., 
spoke in favor of the motion. 

Reps. Taber, Belair, Ezra B. Mann, Winkley, Fortier, Cur- 
rier and Gelinas non-spoke in favor of the motion. 

Reps. Coburn, Williamson, Barrus, Woodruff, Claflin, 
Schwaner and Green spoke against the motion. 

Rep. Barrus requested a roll call seconded by Reps. David 
}. Bradley, Milbank, Dorthea M. O'Neil, Greene, Bowler and 
Claflin. 

ROLL CALL 

Yeas: 212 Nays. 117 

YEAS 

Sullivan County: 

D'Amante, Scott, Olden, Wiggins, George L 

Belknap County: 

French, Lawton, Matheson, Marsh, Roberts, George B., 
Twigg, Hildreth, Sabbow, Maguire, Murray, James W. 



36 House Journal, 27Feb74 

Carroll County: 

Howard, Donalda K., Webster, T. Anne. 

Cheshire County: 

Galloway, Johnson, Edward A., Whipple, Dunham, Mar- 
shala, McGinness, Savage, Forcier, Yardley, Streeter, Nims, 
Drew, Scranton. 

Coos County: 

Huggins, Metcalf, Bushey, Burns, Richardson, Mabel L., 
Kidder, Victor L., Oleson, Fortier, Pryor, Brungot, Gagnon, 
Rebecca, Theriault. 

Grafton County: 

Curran, Stevenson, Bradley, Richard L., Clark, Jones, An- 
thony, K., Mann, Ezra B., Anderson, Fayne E., Jones, Albert C, 
Buckman, Harrison, Gemmill, Bell, Webb, Krainak, Duhaime, 
Eaton, Myrl R. 

Hillsborough County: 

Eaton, Joseph M., Humphrey, Howard S., Withington, 
Murray, Fred E., Karnis, Eaton, Clyde S., Warren, E. George, 
Archambault, Roy, Antonio J., Perkins, Arnold B., Harvell, 
Nelson, Bragdon, Brown, G. Winthrop, Carter, Coburn, Lang- 
dell, Dwyer, Geiger, Lyons, Alukonis, Bednar, Nutting, Polak, 
Currier, Seamans, Ethier, Rock, Record, Belcourt, Winn, John 
T., Winn, Cecelia L., Charest, Desmarais, Lachance, Gabriel, 
Migneault, Boisvert, Mason, Ouellette, Wilcox, Coutermarsh, 
Erickson, Lebel, Daniels, Ackerson, Bourassa, Montplaisir, Mur- 
phy, Horan, Bruton, Cote, Joseph L., Cullity, Shea, Barrett, 
William F., Healy, Daniel J., McDonough, Clancy, Drewniak, 
Sullivan, Mary J., Beaulieu, Gelinas, Taber, Healy, George T., 
MacDonald, Thibeault, P. Robert, Burke, Grady, O'Connor, 
Timothy K., D'Allesandro, Sweeney, Lamy, Lemire, Armand 
R., Levasseur. 

Merrimack County: 

Bigelow, Chandler, Jones, Donald P., Parker, Harry C, 
Deoss, Hanson, Boucher, Laurent J., Enright, Rice, Gamache, 
Gordon, George E., Plourde, Bartlett, Thompson, Doris L., 
Wiggin, Elmer S., Humphrey, James A., Piper, Gate, Tarr, Wil- 
son, Ralph W., Howard, C. Edwin. 

Rockingham County: 

King, Davis, Roy W., Wilson, Helen F., Boucher, William 



House Journal, 27Feb74 37 

P., Kashulines, Skinner, Soule, Thibeault, George J., Barka, 
Gibbons, Gorman, MacGregor, Read, Senter, Belair, Sayer, 
Southwick, Stevens, William J., Spollett, Webster, Clarence L., 
White, Vey, Erler, Goodrich, Tavitian, Akerman, Casassa, Cun- 
ningham, Collishaw, Twardus, Scamman, Stevens, Elliott A., 
Ellis, Hammond, Griffin, Cotton, Dame, Hodgdon. 

Strafford County: 

Dawson, Rowell, Tirrell, Joncas, Bouchard, Maloomian, 
Chasse, Peter N., Meserve, Tanner, Tibbetts, Ruel, Winkley, 
LaRoche, Gagnon, Arthur, Preston, Boisse, Leighton, Donnel- 
ly, Kincaid, O'Connor, Roderick H., Parnagian, Pray. 

NAYS 

Sullivan County: 

Townsend, Sara M., Barrus, Rousseau, Roy, Mary R., 
Spaulding, Roma A., Tucker, Brodeur, Burrows, Lewko, Friz- 
zell, Williamson. 

Belknap County: 

Nighswander, Wuelper, Bowler, Roberts, Charles B., 
Pierce, Randlett. 

Carroll County: 

Duprey, Davis, Dorothy W. Chase, Claflin, Allen. 

Cheshire County: 

Stevens, Anthony, Johnson, Elmer L., Ladd, Gordon, Anne 
B., Milbank, Turner, Cooke, Close. 

Coos County: 

Patrick, Hunt. 

Grafton County: 

Gallen, Chamberlin, Fimlaid, Altman, Bradley, David J., 
Chambers, Copenhaver, Nutt, Hough, Symons, Townsend, 
Madeline G. 

Hillsborough County: 

Heald, Philip C, Colburn, Thomson, Harold E., Orcutt, 
Knight, Ferguson, Boyd, Hall, Carswell, Bergeron, Smith, 
Leonard A., Richardson, John W., Parker, Gerry F., Zechel, 
Woodruff, Cote, Margaret S., McGlynn, Ainley, Milne, Zachos, 
Nardi, Smith, Craig D., Spirou, Dupont, Gardner, O'Neil, 
Dorthea M., Normand, Bernier. 



38 House Journal, 27Feb74 

Merrimack County: 

Kidder, William F., Thompson, Arthur E., Perkins, John 
B., Cushman, Kopperl, Mattice, Burleigh, Daniell, Fisher, 
Davis, Alice, McLane, Newell, Jones, H. Gwendolyn, Rich, 
Underwood, Hager, Noble. 

Rockingham County: 

Stimmell, DeCesare, Roy, Vesta M., Sununu, Hoar, San- 
born, Schwaner, Simard, Rogers, Hamel, Randall, Parr, Brown, 
Benjamin A., Eastman, Junkins, Page, Weeks, Greene, Lock- 
hart, Maynard, Palfrey, Splaine, McEachern, Joseph A. 

Strafford County: 

Plumer, Hebert, Thompson, Barbara C, Tripp, McManus, 
Peabody. 

Reps. Spalding, Kenneth W. and Harriman abstained 
under Rule 16. 

Reps. McLaughlin and Aubut wish to be recorded as vot- 
ing yes. 

212 members having voted in the affirmative and 117 in 
the negative, the motion prevailed. 

Rep. Colby wishes to be recorded in favor of the motion, 
inexpedient to legislate on HB 22. 

RECONSIDERATION 
Rep. Coutermarsh moved reconsideration on HB 22. 
Reconsideration lost. 

HB 23 

continuing present city of Somersworth's elected officials 
in office until next regular election and electing constitutional 
convention delegates from old wards; and permitting the city 
of Rochester to hold a referendum to abolish the police com- 
mission and amend its charter. Ought to pass with amendment. 
Rep. Benton for Municipal and County Government. 

Emergency legislation required to provide: 

a. Certain elected city officers of Somersworth would con- 
tinue in office, representing old wards, until next election 
affecting that office. These officials had been inadvertently 
omitted from Chapter 572, Laws of 1973, which permitted 



House Journal, 27Feb74 39 

representatives to continue to represent old wards until 
the next election. 

b. Somersworth delegates to Con-Con would be elected 
from wards existing prior to redistricting, caused by in- 
ability of Somersworth to complete voter re-registration 
under the new ward lines. 

The bill, as amended, deletes all reference to a referendum 
to be held in the city of Rochester on the subject of the 
Rochester Police Commission. 

AMENDMENT 

Amend the title of the bill by striking out same and insert- 
ing in place thereof the following: 

An Act 

continuing present city of Somersworth's elected officials 
in office until the next regular election and electing 
constitutional convention delegates from old wards. 

Amend the bill by striking out all after section 2 and 
inserting in place thereof the following: 

3 Effective Date. This act shall take effect upon its passage. 

Amendment adopted. 

Ordered to third reading. 

SUSPENSION OF RULES 

Rep. Meserve moved that the rules of the House be so 
far suspended as to place HB 23 on third reading and final 
passage by title only at the present time. 

Rep. George B. Roberts, Jr. spoke in favor of the motion. 

Adopted by the necessary two-thirds. 

Third reading and final passage 

HB 23, continuing present city of Somersworth elected 
officials in office until next regular election and electing consti- 
tutional convention delegates from old wards. 

RECESS 



40 House Journal, 27Feb74 

AFTER RECESS 

SENATE MESSAGES 

CONCURRENCE 

A resolution legalizing, ratifying, approving and confirm- 
ing the action taken by the rules committee. 

INTRODUCTION OF SENATE BILL 

First, second reading and referral 

SB 5, providing that a person cannot be denied unemploy- 
ment compensation benefits if he refuses a job too distant from 
his home. Labor, Human Resources and Rehabilitation. 

COMMITTEE REPORTS CONTINUED 

HB 7 

permitting municipalities to establish, acquire, maintain 
and operate public transportation facilities in cooperation with 
governmental units of adjoining states and permitting broader 
cooperation in furnishing of municipal services. Ought to pass 
with amendment. Rep. Bergeron for Municipal and County 
Government 

Permissive legislation which would permit interstate co- 
operation for mass transportation and will help relieve 
transportation problems now being experienced in Grafton 
County. Amendments are for clarification purposes and to 
make the bill effective "upon its passage." 

AMENDMENT 

Amend RSA 53-A:3, XV as inserted by section 2 of the bill 
by striking out said paragraph and inserting in place thereof the 
following: 

XV. The establishment, acquisition, or contracting for the 
maintenance and operation of any public transportation system 
and related facilities for the conveyance of passengers. 

Amend the bill by striking out sections 4 and 5 of same and 
inserting in place thereof the following: 

4 Appropriations by Cities. Amend RSA 47:ll-a, as in- 



House Journal, 27Feb74 41 

serted by 1969, 365:1 by striking out said section and inserting 
in place thereof the following: 

47:ll-a Mass Transportation for Cities. 

I. Power to Appropriate. The governing body of any city 
may, subject to the provisions of paragraphs II and III, raise 
and appropriate such sums of money as public convenience or 
necessity may require, to aid or to contribute to a mass trans- 
portation system, 

II. Optional Referendum. If the governing body of a city 
should desire to place the question of whether or not to appro- 
priate a certain sum of money pursuant to the provisions of 
paragraph I, they may place said question on a referendum to 
be voted upon at any regular municipal election, or at a special 
election called for the purpose of voting on said question. 
Should a referendum be held, the following questions shall be 
submitted "Shall the governing body of the city of ( ) 
be instructed to appropriate ($ ) for the purpose of 
aiding mass transportation?" The governing body shall be 
bound by the outcome of the referendum. 

III. Two-Thirds Vote. If the governing body of a city 
should decide not to place the question of whether or not to 
appropriate a certain sum of money pursuant to the provisions 
of paragraph I on a referendum, a two-thirds vote of the entire 
membership of the governing body shall be necessary in order 
to approve said appropriation. 

5 Effective Date. This act shall take effect upon its passage. 
Amendment adopted. 
Ordered to third reading. 

HB 30 

relative to the civil commitment procedures in the probate 
courts and detention and discharge procedures for the mentally 
ill. Ought to pass. Rep. Frizzell for Judiciary. 

HB 30 provides for increase in length of time allowed for 
emergency diagnostic detention from fifteen to thirty days 
and time for hearing from five to ten days; and authorizes 
compensation for extra work done by registers of probate. 
No new appropriation. Several amendments were offered 



42 House Journal, 27Feb74 

but they were rejected as being non-germane or needing 
more study. 

Ordered to third reading. 

HB 10 

providing for a special license to hunt pheasants; and au- 
thorizing the director of fish and game to implement a buck 
law on a county, town, city or area basis, ^vith the approval of 
the fish and game commission. Inexpedient to legislate. Rep. 
Chamberlin for Fish and Game. 

Committee felt no need for special licenses at this time 
and also unanimously opposed to the concept of a buck 
only law. 

Rep. Maynard moved that the words, ought to pass with 
amendment, be substituted for the committee report, inexpedi- 
ent to legislate. 

The clerk read the amendment in full. 

Rep. Maynard spoke in favor of the motion, 

(discussion) 

Reps. T. Anne Webster, Chamberlin, Laurent J. Boucher 
and John T. Winn spoke against the motion. 

Rep. Maynard spoke a second time in favor of the motion. 

Motion lost. 

Resolution adopted. 

HB 19 

increasing the amount of political expenditures authorized 
for candidates in primary and general elections seeking the 
office of governor, U. S, senator, representative in congress, 
governor's councilor, county officer, state senator or representa- 
tive to the general court. Ought to pass. Rep. Chase for Statu- 
tory Revision. 

In recognition of the higher cost of political campaigns, 
this will raise the legal limits under which candidates may 
work. 

Rep. Gerry F. Parker moved that the words, inexpedient to 



House Journal, 27Feb74 43 

legislate be substituted for the committee report, ought to pass 
and spoke in favor of the motion. 

Rep. Chase spoke against the motion. 
Rep. Gorman spoke in favor of the motion. 

(discussion) 
Rep. James W, Murray spoke in favor of the motion. 
Rep. Daniell non-spoke in favor of the motion . 

Rep. Parker requested a division and subsequently with- 
drew his request. 

Motion lost. 

Ordered to third reading. 

HB 33 

relative to the Winnipesaukee River Basin Control. Ought 
to pass with amendment. Rep. Claflin for Resources, Recrea- 
tion and Development. 

The bill breaks section 1 into numbered paragraphs for 
easier understanding, assesses reasonable costs for opera- 
tion and maintenance to participating municipalities, and 
for capital costs based on share of use of system upon ap- 
proval to construct. 

The amendment removes a portion of the bill which 
would make operation and costs ultimately the obligation 
of the states. 

The amendment removes a portion of the bill which 
would make operation and maintenance and administra- 
tive costs ultimately the obligation of the state. 

The amendment also provides for the continuation of the 
present committee to study and report on the program 
and needs of the Water Supply and Pollution Control 
Commission, require all requested material and increase 
the membership from nine to eleven. 

AMENDMENT 

Amend the title of the bill by striking out same and insert- 
ing in place thereof the following: 



44 House Journal, 27Feb74 

An Act 

relative to the Winnipesaukee River Basin Control; and 

providing for continuation of the study committee on the 

water supply and pollution control commission. 

Amend RSA 149-G:1, I, as inserted by section 1 of the bill 
by striking out in line four the word "Alton,", so that said para- 
graph as amended shall read as follows: 

I. The New Hampshire water supply and pollution control 
commission is hereby authorized and directed to acquire, plan, 
construct, and operate, to serve certain mimicipalities within 
the Winnipesaukee river basin (including, but not necessarily 
limited to Meredith, Laconia, Gilford, Belmont, Sanbornton, 
Tilton, Northfield, and Franklin) any and all sewage and waste 
disposal facilities (meaning only those facilities eligible for fed- 
eral and state aid) in accordance with basin and regional treat- 
ment needs consistent with federal and state requirements. 

Amend RSA 149-G:6, HI, as inserted by section 2 of the 
bill by striking out in line one the word "nine" and by striking 
out in line three the word "municipalities" and inserting in 
place thereof the following (communities) , so that said para- 
graph as amended shall read as follows: 

HI. The communities specified in RSA 149-G:1, when the 
first contract is let for the construction of any sewage waste 
treatment facility which will be used by all the communities 
who are or become participating members of the system, shall 
be assessed the full amount of the municipalities' share of the 
total capital cost of said facility, which shall be paid to the state 
upon certification of what percentage of the municipalities' total 
share is payable by each municipality. 

Amend RSA 149-G:6, IV, as inserted by section 2 of the 
bill by striking out in line one the word "nine", so that said 
paragraph as amended shall read as follows: 

IV. The communities specified in RSA 149-G:1 and any 
other community upon application to and approval of the water 
supply and polhition control commission to become a par- 
ticipating municipality in the system, shall be assessed the mu- 
nicipality's share of the capital costs, for any facility either in 
existence or constructed to serve that particular community. If 
two or more communities are served by a particular facility, a 



House Journal, 27Feb74 45 

portion of the municipality's share of the total capital costs of 
the facility shall be assessed each community served on the same 
basis as provided for in paragraph VI. 

Amend RSA 149-G:6, V, as inserted by section 2 of the bill 
by inserting in line one after the word "municipality" the fol- 
lowing (making application thereto) , so that said paragraph as 
amended shall read as follows: 

V. Any municipality making application thereto that is 
subsequently approved by the water supply and pollution con- 
trol commission to become a participating member of the sys- 
tem sliall be assessed a proportionate share of the municipality's 
costs originally assessed for any facility in the system that will 
serve the new community member of the system. The assess- 
ment shall then be equitably distributed by the water supply 
and pollution control commission to the municipalities that 
participated in the original capital costs for that facility or fa- 
citilies to be utilized by the new participating member. 

Amend RSA 149-G:6, VI, as inserted by section 2 of the 
bill by striking out in lines twelve and thirteen the words "Any 
operating and maintenance costs over and above what has been 
determined to be reasonable by the commission shall be an obli- 
gation of the state.) , so that said paragraph as amended shall 
read as follows: 

VI. The assessments and allocations provided to be made 
by this section shall be made by taking into account the volume 
and strength of the industrial, domestic, commercial, and all 
other waste discharges treated and techniques of treatment re- 
quired. Reasonable costs as determined by the water supply 
and pollution control commission, associated with transporting 
raw or treated sewage through each major interceptor from a 
municipality at which it is generated to the point of treatment 
or discharge shall be allocated to the municipality ^vhich uses 
the interceptor on the basis of volume and distance traveled. 
In determining said assessment or allocation for each munici- 
pality, the commission shall abide by federal regulations which 
govern the allocation of costs and receipt of payments by in- 
dustry for industrial discharge. 

Amend RSA 149-G:6, as inserted by section 2 of the bill by 
striking out paragraph X. 



46 House Journal, 27Feb74 

Amend the bill by striking out all after section 2 of same 
and inserting in place thereof the following: 

3 Study Committee on Water Supply and Pollution Con- 
trol Commission Continued. The special committee established 
pursuant to the laws of 1973, chapter 334, shall be continued. 

4 Committee Membership Enlarged. Amend the laws of 
1973, chapter 334, by striking out all after the resolving clause 
and inserting in place thereof the following: 

That there is hereby established a special legislative com- 
mittee to study and report on the existing program and future 
needs of the water supply and pollution control commission. 
The committee shall review the efficiency, economy and effec- 
tiveness of present procedures, policies and programs of the 
commission with respect to the handling of the duties and func- 
tions assigned to it. The committee shall make recommenda- 
tion for any additional safeguards, personnel and other mea- 
sures which it deems necessary in order that the commission 
may carry out its present and anticipated future responsibilities. 
Said committee shall consist of thirteen members appointed as 
follows: three senators from the senate resources and environ- 
mental control committee appointed by the president of the 
senate, five representatives of the house committee on resources, 
recreation and development appointed by the speaker of the 
house and three members representing the general public ap- 
pointed by the governor. The committee shall elect one of its 
members as chairman. The committee shall report its findings 
and recommendations to the general court. The committee 
shall have full power and authority to require from the several 
departments, agencies, and officials of the state and its political 
subdivisions, such data, information and assistance as it may 
deem necessary or desirable for the purposes of this study. The 
water supply and pollution control commission shall provide 
the special committee with such of its rules, regulations and 
procedures as the committee may request, together with the 
justification therefor. 

5 Effective Date. This act shall take effect upon its passage. 

At the request of Rep. Newell, Rep. Claflin explained the 
amendment. 

(discussion) 

Amendment adopted. 

Referred to Appropriations. 



House Journal, 27Feb74 47 

HB 4 

providing supplemental grants to families with dependent 
children and making an appropriation therefor. Ought to pass 
with amendment. Rep. Haller for Public Health and Welfare 

Provides supplemental grants to families with dependent 
children. Also authorizes fiat grant payments for cate- 
gorical assistance. 

AMENDMENT 

Amend the title of the bill by striking out same and in- 
serting in place thereof the following: 

AN ACT 

providing supplemental grants to families with dependent 

children and making an appropriation therefor and 
authorizing flat grant payments for categorical assistance. 

Amend the bill by striking out section 2 and inserting in 
place thereof the following: 

2 Authorizing Flat Grant Payments. Amend RSA 167:7, 
as amended, by inserting in line 1 1 after the word "health" 
the following (The director of the division of welfare may 
adopt a system of flat grant assistance payments to separate 
categories of recipients, but, if a recipient's need for assistance 
exceeding the flat grant so requires, the director shall consider 
such need in determining the amount of assistance to be re- 
ceived by the recipient.) so that said section as amended shall 
read as follows: 

167:7 Amount of Assistance. The director of the division 
of welfare, department of health and welfare, shall determine 
the amount of assistance which any person shall receive under 
this chapter or RSA 161. The director of the division of wel- 
fare shall, however, in appropriate cases first consult with the 
proper officials of counties or towns hereby required to con- 
tribute to the cost thereof. In any case due regard shall be given 
to the resources, necessary expenditures in each case, the con- 
ditions existing in each case, and the rules and regulations 
made by the division, and said assistance shall be sufficient, 
when added to all other income and resources of the case, to 
provide such person with a reasonable subsistence compatible 
with decency and health. The director of the division of wel- 



48 House Journal, 27Feb74 

fare may adopt a system of flat grant assistance payments to 
separate categories of recipients, but, if a recipient's need for 
assistance substantially varies from what the flat grant provides, 
the director shall consider such need in determining the 
amount of assistance to be received by the recipient. 

3 Effective Date. This act shall take effect upon its passage. 
Amendment adopted. 
Referred to Appropriations. 

HB 3 

relative to establishment of a food stamp program and 
making an appropriation therefor. Ought to pass. Rep. Carol 
Pierce for Public Health and Welfare. 

Establishes a food stamp program. 

Referred to Appropriations. 

HB 31 

authorizing the public utilities commission to acquire, as 
agent of the state, such railroad properties within the state 
deemed to be necessary for continued and future railroad opera- 
tion for the benefit of the public, and making an appropriation 
therefor. Ought to pass with amendment. Rep. Chase for Statu- 
tory Revision. 

This bill authorizes the Public Utilities Commission, as 
the sole agent of the state, to acquire railroad properties 
when deemed to be in the best public interest to maintain 
the operation of any rail service in the state. 

The Public Utilities Commission shall have the authority 
to sell or lease said railroad properties to private enterprise 
for the continuance of the rail service. 

The bill further provides the commission with condemna- 
tion rights pursuant to RSA 498-A, the eminent domain 
statute. 

The commission is authorized to work with Federal au- 
thorities and other states where the acquisition, operation 
and maintenance of rail service to New Hampshire is in- 
volved. 

A bond issue of eight million dollars for fiscal 1974 is re- 
quested to acquire existing available railroad properties. 



House Journal, 27Feb74 49 

An appropriation of $26,723.00 for fiscal 1974 and a sum of 
$94,407.00 for fiscal 1975 is requested in this bill. 

AMENDMENT 

Amend RSA 372-A: 1, VI as inserted by section 1 of the bill 
by striking out said paragraph and inserting in place thereof 
the following: 

VI. The policy of the state of New Hampshire is to preserve 
for continued rail service or other public uses the line or lines 
of all railroads within the state, including but not restricted to 
lines abandoned or to be abandoned in the state. 

Amend RSA 372-A: 11 as inserted by section 1 of the bill by 
striking out said section and inserting in place thereof the 
following: 



^o* 



372-A: 11 Planning Authority. The commission shall have 
the power and authority to develop and promulgate plans for 
the development and continuation of railroad systems within 
the state of New Hampshire. The commission shall have the 
duty and responsibility for establishing a state plan as referred 
to in the Regional Rail Reorganization Act of 1973, including 
Sections 401, 402 and 403 thereof. 

Amend RSA 372-A: 14 as inserted by section 1 of the bill 
by striking out said section and inserting in place thereof the 
following: 

372-A: 14 Delinquent Railroad Taxes. Notwithstanding any 
other provision of law to the contrary, there are hereby appro- 
priated to the commission, and the commission may utilize, any 
delinquent state taxes and the interest due thereon to the date 
of acquisition from any railroad entity only as an off-set against 
the purchase cost of any railroad property purchased from that 
railroad entity. Such taxes and interest hereby appropriated 
shall be in addition to any other funds available for the purposes 
of this chapter. 

Amend RSA 372-A: 17 as inserted by section 1 of the bill by 
striking out said section and inserting in place thereof the fol- 
lowing: 

372-A: 17 Disposition of Acquired Rail Properties. When- 
ever the commission determines that any rail properties ac- 



50 House Journal, 27Feb74 

quired by the state are no longer needed for railroad purposes, 
it may transfer or sell such rail properties to any other state 
department or agency, or political subdivision of the state, 
which will utilize such properties for public purpose and, if no 
state department or agency, or political subdivision, wants such 
properties, the commission may sell them, with the proceeds 
being deposited to the special railroad fund established by RSA 
372-A: 18. Such transfer or sale shall require the approval of the 
governor and council. 

Amendment adopted. 

Referred to Appropriations. 

HB 20 

increasing the interest rate for housing authority bonds. 
Ought to pass. Rep. Chase for Statutory Revision. 

Would allow municipal housing authorities to borrow 
money at a maximum interest rate of 8%. The present law 
limits the maximum to 6%. 

Ordered to third reading. 

Rep. Newell offered the following House Concurrent res- 
olution: 

HOUSE CONCURRENT RESOLUTION NO. 4 

Be it Resolved by the House of Representatives, the Senate 
concurring, that a new rule be added to the Joint Rules of this 
session, to wit: 

32 Neither house shall adjourn for longer than five days 
without the consent of the other. 

Referred to the Rules Committee. 

RECONSIDERATION 

Rep. T. Anne Webster moved reconsideration on HB 10, 
providing for a special license to hunt pheasants; and authoriz- 
ing the director of fish and game to implement a buck law on a 
county, town, city or area basis, ^vith the approval of the fish 
and game commission. 

Reconsideration lost. 



House Journal, 6Mar74 51 

RESOLUTION 

Rep. George B. Roberts, Jr. moved that all bills ordered to 
third reading be read a third time by this resolution and that 
all titles of bills be the same as adopted, and that they be passed 
at the present time, unless otherwise ordered by the House, and 
that when the House adjourns today it be to meet Wednesday 
next at 11:00 a.m. 

Adopted. 

LATE SESSION 
Third reading and final passage 

HB 21, relative to the duties of the state board of education 
and prohibiting the expenditure of public moneys in non-public 
schools unless said schools have program approval by the de- 
partment of education. 

HB 30, relative to the civil commitment procedures in the 
probate courts and detention and discharge procedures for the 
mentally ill. 

HB 7, permitting municipalities to establish, acquire, main- 
tain and operate public transportation facilities in cooperation 
with governmental units of adjoining states and permitting 
broader cooperation in furnishing of municipal services. 

HB 19, increasing the amount of political expenditures 
authorized for candidates in primary and general elections seek- 
ing the office of governor, U. S. senator, representative in con- 
gress, governor's councilor, county officer, state senator or repre- 
sentative to the general court. 

HB 20, increasing the interest rate for housing authority 
bonds. 

On motion of Rep. Symons the House adjourned at 4:40 
p.m. 



Wednesday, 6Mar74 

The House met at 11 :00 o'clock. 

Prayer was offered by House Chaplain Rev. Joseph Y. 
Beaulieu. 



52 House Journal, 6Mar74 

O, Lord, our God, we ask You to bless, preserve and keep 
us, and all whom we love, and all who need our prayers and 
efforts. Amen. 

PLEDGE OF ALLEGIANCE 
Rep. Bigelow led the Pledge of Allegiance. 

LEAVES OF ABSENCE 
Reps. Ellis and Southwick, the day, illness. 
Reps. Gibbons, Sewall and Montplaisir, indefinite, illness. 
Rep. Hough, the day, important business. 
Rep. Burleigh, the week, important business. 
Rep. Tarr, today and tomorrow, important business. 

COMMUNICATION 
Dear Mr. Speaker and Members of the Honorable House, 

On behalf of her family, her many friends throughout the 
state, and the organizations for which she worked so devotedly, 
I want to express our deep appreciation and respect for the 
memorial resolution honoring Miriam Jackson. 

Among her many interests, there was nothing Miriam be- 
lieved more important than our democratic legislative system. 
She was particularly mindful of New Hampshire's unique pro- 
cess, w^hereby every bill must have a public hearing and be 
brought to the floor for consideration. 

All of us who knew and loved Miriam take great pride in 
this thoughtful action of the Legislature. 

We were particularly touched at the wording of the reso- 
lution. It faithfully portrayed the philosophy which enabled 
Miriam to have good relationships with representatives of every 
viewpoint, party & faction. For she truly believed that people 
are more important than issues. 

With respect and appreciation, 
Patrick Jackson 

Rep. Harvell moved that the communication be printed 
in the Journal. 

Adopted. 



House Journal, 6Mar74 53 

DECISION OF THE NEW HAMPSHIRE 
SUPREME COURT 

James E. O'Neil, Sr. 6- a. 

V. 

Meldrim Thomson, Jr., as Governor 

February 28, 1974 

McLane, Graf, Greene & Brown and Richard S. Snierson 
(Mr. Stanley M. Brown orally) for James E. O'Neil, Sr. and 
others as members of the New Hampshire General Court and 
individually. 

Cleveland, Waters 6- Bass and Robert T. Clark (Mr. Clark 
orally) for State Employees' Association of New Hampshire, 
Inc. 

Charles G. Douglas III, legal counsel to the Governor, by 
brief and orally, for Meldrim Thomson, Jr. 

Stanton E. Tefft, by brief and orally, for intervenors, be- 
ing seven members of the House of Representatives in opposi- 
tion to the petition. 

LAMPRON, J. Petition for a declaratory judgment and 
other relief brought against Meldrim Thomson, Jr., as Gov- 
ernor, by certain members of the General Court in their ca- 
pacity as President and Vice President of the Senate and as 
Speaker and Deputy Speaker of the House and as minority 
leaders of the Senate and the House and as individual tax- 
payers. Also a plaintiff is the New Hampshire State Employees' 
Association, Inc., a voluntary corporation, in its own right and 
on behalf of its members and of all classified employees for 
whom it is the bargaining agent. The plaintiffs seek a declara- 
tion that certain Executive Orders promulgated by the Gover- 
nor are "illegal, unconstitutional and void". Seven members of 
the house of representatives intervened in opposition to the 
action. 

The Trial Court (Keller, C.J.) found that: "No useful 
purpose would appear to be served by evidentiary hearings in 
this Court, since the basic issues are of constitutional law and 
of statutory interpretation, and all parties indicate that a final 
determination by the Supreme Court is desirable." All ques- 



54 House Journal, 6Mar74 

tions of law raised by the pleadings of the parties were reserved 
and transferred to this court without rulings by the trial court. 

The challenged Executive Orders are as follows: 

(1) No. 73-14 promulgated on July 10, 1973 Avhich in per- 
tinent part provided: ". . . [I]t is hereby ordered and promul- 
gated that effective this date no new permanent or new tem- 
porary classified personnel shall be hired without the prior 
approval of the Governor or his designee. Such approval will 
be given only when the need is clear-cut and failure to employ 
the additional personnel will clearly decrease our ability to 
meet the needs of the people of our State. This freeze shall be 
effective until September 10, 1973, unless sooner terminated 
by the Governor. All requested positions shall be certified to 
the Governor bv the appropriate department head. 

"Existing temporary employees who would have normally 
converted to permanent status under legislative enactment in 
the 1973 session of the General Court will be allowed to be 
extended only to September 10, 1973, out of funds appropri- 
ated for their employment unless otherwise authorized by the 
Governor or his desisrnee." 

The first part of the above order pertaining to new per- 
manent and new temporary classified personnel ^vas extended 
to April 1, 1974, by successive Executive Orders. The second 
part relating to the conversion of existing temporary employees 
to permanent status was revoked by Executive Order 73-28 (De- 
cember 21, 1973) which provided that such employees were 
authorized to be converted to permanent status effective retro- 
actively to July 1, 1973. 

(2) No. 73-15 issued July 16, 1973 which provided that be- 
cause of the energy crisis and the need to operate the State gov- 
ernment as economically and as efficiently as possible a "ban 
^vas ordered ... on the purchase of all automobiles for State 
use until September 17th 1973. . . . Exceptions to the ban may 
be made by the Governor upon written request from an agency 
head stating the reason why an exception should be made." On 
December 21, 1973, (Executive Order 73-29) this order was 
amended to provide: "No State department or agency shall 
purchase a new motor vehicle without the approval of the 
Governor's Inter-Office Motor Vehicle Committee," a com- 
mittee composed of certain department heads and a representa- 



House Journal, 6Mar74 55 

tive of the Executive office. The order was to remain in effect 
until terminated by the Governor. 

(3) No. 73-16 issued August 14, 1973 read in part as fol- 
lows: ". . . [I]t is hereby ordered and promulgated that effec- 
tive this date no transfers or promotions of State employees 
having a labor grade of 17 or higher shall be made between any 
department, agency, board, or commission without the prior 
approval of the Governor . . . All requested transfers or promo- 
tions shall be certified to the Governor pursuant to this execu- 
tive order by the appropriate department, agency or commission 
head." All of the above orders were issued by the Governor 
"by virtue of the authority vested in me under New Hampshire 
Constitution, Part 2, Article 41 as the supreme executive magi- 
strate of the State." 

The plaintiffs in their several capacities have sufficient 
right and interest in the "performance by public officers of their 
public duties" and in "the preservation of an orderly and lawful 
government" to entitle them to maintain these proceedings. 
N. H. &€. Beverage Ass'n v. Commission 100 N. H.. 5, 6, 116 
A.2d 885, 886 (1955) . Their petition for declaratory judgment 
is a particularly appropriate action when the parties desire and 
the public need requires a speedy determination of the impor- 
tant issues in controversy. Chronicle dfc. Pub. Co. v. Attorney 
General, 94 N. H. 148, 150, 48 A.2d 478, 479 (1946) ; Austin 
V. State Tax Comm'n, 114 N. H. (decided this day) . 

Their solution involves an interpretation of our State con- 
stitution and of statutes relative to the executive and legislative 
branches of our government. This is a traditional function con- 
ferred on the judiciary for which it is responsible. It is not 
within the competence of the other two branches and conse- 
quently does not fall within the bar against confiding political 
questions to the courts. N.H. CONST, pt. I, art. 37, pt. II, art. 
72-a Cloutier v. State Milk Control Board, 92 N.H. 199, 201-02, 
28 A.2d 554, 556 (1942) ; see Poxvell v. McCormack, 395 U.S. 
486, 23 L. Ed. 2d 481, 89 S. Ct. 1944 (1969). Nor does this 
petition violate the doctrine of sovereign immunity as it is not 
an action against the State but rather a proceeding to prevent 
the Governor from enforcing Executive orders which are 
claimed to be beyond his powers to promulgate. Conway v. 
Water Resources Board, 89 N.H. 346, 348, 199 A. 83, 86 (1938) ; 
see Fortin v. Morton, 101 N.H. 477, 147 A.2d 644 (1958) . 



56 House Journal, 6Mar74 

Even though part of Executive Order No. 73-14 has been 
revoked we hold that the petition should not be dismissed for 
mootness as we believe justice requires that the matters in 
issue be decided so that all officials concerned "may know 
where they stand." Sugar Hill Improvement Ass'n v. Lisbon, 
104 N.H. 40, 42, 178 A.2d 512, 513-14 (1962) . The defense of 
laches does not prevent the maintaining of this petition as it 
deals with appropriations separate and distinct from those in 
effect when inaction on the part of the plaintiffs is alleged. No 
prejudicial delay appears in regard to the present appropriations 
and Executive Orders pertaining thereto. 

The legislature exercises one of the three "essential pow- 
ers" of our government. N.H. CONST, pt. I, art. 37. The Gen- 
eral Court composed of the senate and the house of represen- 
tatives is invested with the "supreme legislative power" within 
this State. N.H. CONST, pt. II, art. 2. It has the power to make 
laws; to name all civil officers (with exceptions not material in 
this case) and to define their duties and powers; to assess taxes 
to raise revenue for the operation of the government of the 
State and to make appropriations for that purpose. Id. arts. 5, 
18. No moneys are to be issued out of the treasury of the State 
unless "there be an appropriation, or equivalent direction for 
payment, by the Legislature." State v. Kimball, 96 N.H. 377, 
380, 77 A.2d 115, 119 (1950); RSA 6:10 (Supp. 1973). 

Under these powers the General Court has created State 
departments and assigned broad powers and duties to the heads 
of these executive departments. E.g., RSA ch. 8; RSA ch. 8-B; 
RSA ch. 8-C; RSA ch. 12; RSA ch. 106-A; RSA ch. 126-A. The 
General Court has also established a "Unified Personnel Sys- 
tem For The State" which provides for the recruitment, ap- 
pointment, compensation, promotion, transfer, layoff, removal, 
and discipline of State employees. R. L. ch. 27-B. This system 
has been expanded and revised to meet changing conditions. 
RSA chs, 98, 98-A, 98-B, 98-C, 98-D, 99 (Supp. 1973). RSA 
98:1 provides as follows: "Neither the governor nor council 
shall be required to approve the employment, or salary, of any 
employee within the state classified service, except as such ap- 
proval may be specifically required by law." 

The legislature has established the procedure to be fol- 
lowed in establishing budgets and making appropriations for 
all State departments. RSA ch. 9. Unlike any previous budget, 



House Journal, 6Mar74 57 

those for fiscal years 1974 and 1975 with which we are concerned 
in these proceedings were prepared in a "program appropria- 
tion unit format" (PAU) as required by RSA 9:8-a (Supp. 
1973) . This method requires the submission by the depart- 
ments of new information such as "program descriptions of ac- 
tivities, workload, output, and improved financial data," Bud- 
get Manual, Fiscal Years 1974-1975, p. 1. The department ad- 
ministrators must submit to the Governor and to the legisla- 
tive appropriations committees PAU forms showing how they 
intend to spend the funds requested whether for existing pro- 
grams, their expansion, new programs, additional personnel, 
new automobiles, supplies, travel and other specified items. 
In the case of a request for new positions, the PAU form must 
show why they are needed, what they will accomplish, when 
the hirings will take place, and the classification and salary of 
the employees. 

This new approach called for legislative judgments re- 
garding the scope and value of individual budget requests. The 
records of the legislative committee hearings both in the house 
and then in the senate reveal searching inquiries into the de- 
tails of the spending items sought by the various departments. 
The appropriations committees were thus in a position to make 
a legislative determination whether or not a program should be 
inaugurated, continued, expanded, or discontinued, or a con- 
trary judgment. Appropriations for the programs and their cost 
in personnel, equipment, travel and other expenses, some of 
which were later the subject of the Executive Orders in ques- 
tion, were incorporated in House bill 888. This bill was con- 
sidered by the body of the house and adopted, sent to the sen- 
ate and amended, sent to a conference committee of the two 
bodies, adopted by both, and approved by the Governor as 
Laws 1973, ch. 376. 

The role of the General Court in regard to these appropri- 
ations is not then at an end. RSA 9:13-27 (Supp. 1973) provide 
means by which the expenditure of these appropriations can be 
monitored by that body through designated agencies and officers. 
The appropriations are to be made available for expenditure 
by each department on July 1, 1973. §10. "No State official, com- 
missioner, trustee, or other person having control of public 
funds appropriated by the general court shall use any part of 
such funds for any other purpose than that for which they were 



58 House Journal, 6Mar74 

appropriated, or expend any money ... in excess of the amount 
voted by the legislature." §19. A fiscal committee of the legisla- 
ture and the office of legislative budget assistant have been 
established to supervise fiscal matters during the legislative 
session and the interim between sessions. RSA 14:30, 30-a, 
They can conduct post-audits of department accounts and un- 
dertake research and investigation and make analyses in regard 
to financial matters. RSA 14:31. It is clear from the foregoing 
that the power of the General Court to make appropriations 
for State departments and to monitor their expenditure is an 
established legislative function under the constitution and stat- 
utes. 

Prior to its amendment in 1966, article 41 of the State 
constitution which relates to executive powers of the Governor 
reads as follows: "There shall be a supreme executive magistrate 
who shall be styled the Governor of the State of New Hamp- 
shire, and whose title shall be His Excellency." The 1966 amend- 
ment added in pertinent part the following: "The executive 
power of the state is vested in the governor. The governor shall 
be responsible for the faithful execution of the laws. He may, 
by appropriate court action or proceeding brought in the name 
of the state, enforce compliance with any constitutional or 
legislative mandate, or restrain violation of any constitutional or 
legislative power, duty, or right, by any officer, department or 
agency of the state." 

This amendment was proposed and adopted for submis- 
sion to the voters by a constitutional convention held in 1964. 
The journal recording those proceedings is illuminating on 
whether it was intended to endow the Governor with the pow- 
er and duty to interpose himself in the expenditure of the leg- 
islative appropriations by the departments of the State. As orig- 
inally proposed to the convention the amendment would 
have contained the following sentence: "Each principal execu- 
tive department shall be under the supervision of the Gover- 
nor." A motion to strike out tliis sentence was made and in the 
debate which followed the sponsor of the motion argued that 
if the sentence stayed in "the Governor will have the power to 
tell us [department heads] ^vho to hire and who to fire. You 
cannot run a department on that basis." N.H.J, of Const. Conv. 
289 ('1964) . Another delegate stated "it was not the intent of 
the Committee in any way whatsoever to give the governor 



House Journal, 6Mar74 59 

authority to set policy or to interfere in any way with those 
commissioners who are properly doing their job." Id. at 290. 
The amendment proposed was approved, the sentence in ques- 
tion was stricken and the amended resolution was approved by 
the convention and later adopted by the voters in its present 
form. Id. at 292. This legislative history leads to the conclusion 
that the Executive Orders in question were not authorized by 
article 41, part II of our constitution as they have the effect 
which the framers of the amendment expressly rejected. The 
language of pt. II, art. 41 as amended states clearly when and 
how the Governor can exercise the powers it granted and there 
is no claim that the Executive Orders were occasioned by any 
failure in "the faithful execution of the laws". 

Insofar as these Executive Orders purport to prevent the 
expenditure of appropriations made for the hiring of new per- 
sonnel or the purchase of automobiles they would have the 
effect of a line item veto. A resolution proposing a constitu- 
tional amendment authorizing the Governor "to strike out or 
reduce items in an appropriation" while approving others 
failed to be adopted by the convention. N.H.J. Const. Conv. 
105 (1964). If such power were to be given to the Governor 
his veto could be overruled by the legislature in the usual 
manner. If constitutionally authorized these Executive Orders 
would have a more drastic effect than a line item veto because 
there is no established means by which the legislature could 
nullify them. 

Prior to 1957, R.L. 23:10 and 11 provided that appropria- 
tions should not be available for expenditure by any depart- 
ment until quarterly allotments had been approved by the 
Governor. The General Court, however, removed this power 
from the Governor in 1957 (Laws 1957, 112:1) and made the 
appropriations available on July 1, to be expended over the 
fiscal year as the department heads deemed necessary for the 
proper operation of their departments. RSA 9:10. 

The legislature has authorized the intervention of the 
Governor in the process of the expenditure of appropriations 
by the State departments in limited specific instances. RSA 9:11 
provides that if a monthly report of the director of the division 
of accounts indicates that a department is spending at a rate 
which will deplete its appropriation before the end of the 
fiscal year a report is to be made to the Governor who may after 



60 House Journal, 6Mar74 

investigation order the department head to reduce expendi- 
tures. It is not sought to sustain these Executive Orders under 
this provision. RSA 9:12 which gives the Governor the author- 
ity to investigate the management of State funds by depart- 
ments and "within the scope of the powers possessed by him" 
to order action to bring about increased economy and efficiency 
cannot be interpreted to confer additional powers beyond those 
already possessed under other grants of authority. 

RSA 9:13-c provides that if the director of accounts should 
determine that during three consecutive months there has oc- 
curred such a decline in State revenues as would, if continued, 
cause a serious deficit in the total budget, he is to report this 
fact to the Governor. "On receipt of such report the governor 
may, with the advice and consent of the advisory budget control 
committee, order reductions in rates of expenditures within 
all or any departments of state government, so that such decline 
in revenue will not result in the incurrence of further state 
debt." There is no claim of reliance on this authority. 

We find no constitutional or statutory authority granted 
to the Governor to support the Executive Orders in question 
since they contravene the legislative intent expressed by the 
appropriations made by Laws 1973, ch. 376 for the hiring of 
new personnel and the purchase of automobiles. We hold them 
invalid. Insofar as the Executive Orders relate to the classified 
personnel of the State they contravene the powers of the legisla- 
ture granted by the constitution and exercised by enactments 
in chapters 98, 98-A, 98-B, 98-C, 98-D and 99 of the Revised 
Statutes Annotated. We hold that the Executive Orders relating 
thereto are beyond the powers of the Governor and are invalid. 

Although plaintiffs' petition seeks an order enjoining the 
Governor from enforcing these Executive Orders, we do not 
recommend or issue such an injunction. See Tirrell v. Johnston, 
86 N.H. 530, 532, 171 A. 641, 642 (1934) . 

Petition for declaratory judgment granted. 
All concurred. 

COMMITTEE REPORTS 

HB 12 

conforming tax commission references in the current use 
taxation law to the revised revenue administration laws. Ought 



House Journal, 6Mar74 61 

to pass. Rep. Shea for Executive Departments and Administra- 
tion. 

A housekeeping bill dovetailing the current use bill (HB 
307) with the Revenue Administration bill (HB 818) 
both passed last session. 

Ordered to third reading. 

HB 25 

changing the reporting date for the study commission on 
the problems of unemployed citizens in New Hampshire. Ought 
to pass. Rep. Shea for Executive Departments and Administra- 
tion. 

Continues study commission to report January 1, 1975. 
Ordered to third reading. 

HB 14 

revising the management-employee relations law for state 
employment. Refer to Interim Study Committee on "Collective 
Bargaining." 

Bill referred to interim study committee on "Collective 
Bargaining." Rep. Simard for Labor, Human Resources 
and Rehabilitation. 

Referred to Interim Study Committee on "Collective Bar- 
gaining." 

HB 13 

repealing the termination date of RSA 357-B. Ought to 
pass. Rep. Hamel for Transportation. 

Removes the expiration date of June 30, 1975 from the 
so-called "Auto Dealers Bill of Rights" law which we 
passed at the end of the 1973 session. 

At the request of Rep. Chandler, Rep. Hamel explained 
the bill. 

Ordered to third reading. 

HB 26 

relative to guaranteeing a minimum adequate income for 
the elderly, blind and disabled, and making an appropriation 
therefor. Refer to a Joint Study Committee on Labor, Human 
Resources and Rehabilitation and Public Health and Welfare 



62 House Journal, 6Mar74 

comprising three members from each committee to report by 
January, 1975. Rep. Elliott A. Stevens for Labor, Human Re- 
sources and Rehabilitation. 

Poorly prepared legislation. Purpose good — should not 
be forgotten — Operational mechanics must be drawn. 

Referred to a Joint Study Committee on Labor, Human 
Resources and Rehabilitation and Public Health and Welfare 
comprising three members from each committee to report by 
January, 1975. 

HB 29 

relative to tuition payments for the definitions of handi- 
capped persons under the age of twenty-one and amending the 
appropriation for same and educational expenses in public in- 
stitutions. Ought to pass with amendment. Rep. Drake for Ap- 
propriations. 

AMENDMENT 

Amend the title of the bill by striking out same and insert- 
ing in place thereof the following: 

AN ACT 

relative to tuition payments for handicapped children; 

amending the appropriation for same; defining a handicapped 

child as a person up to the age of twenty-one; and providing 

for educational and other expenses in public institutions. 

Amend the bill by striking out all after section 5 of same 
and inserting in place thereof the following: 

6 Miscellaneous Expenses of Inmates and Patients. Amend 
RSA 8:44, I, as amended, by striking out said paragraph and 
inserting in place thereof the following: 

I. The director of mental health shall determine for any 
patient or inmate of the New Hampshire Hospital a uniform 
monthly rate to cover the expenses of the several categories of 
service provided to patients or inmates such as, but not neces- 
sarily limited to the following: intensive medical care, treatment 
and maintenance; intensive psychiatric care, treatment and 
maintenance; and custodial care, treatment and maintenance. 
The categories or classifications of service provided may be 



House Journal, 6Mar74 63 

modified from time to time as determined by the director of 
mental health. 

7 Effective Date. 

I. Sections 1, 2, 3 and 4 of this act shall take effect upon 
passage. 

II. Sections 5 and 6 of this act shall take effect July 1, 1974. 
Amendment adopted. 

Ordered to third reading. 

HB 2 

making appropriations for capital improvements. Ought 
to pass with amendment. Rep. Arthur F. Mann for Public 
Works. 

No analysis on this bill. 

AMENDMENT 

Amend the bill by striking out all after the enacting clause 
and inserting in place thereof the following: 

1 Appropriation. The sums hereinafter detailed in this 
section are hereby appropriated for the projects specified to 
the departments, agencies and branches named: 

I. Adjutant General 

Concrete floor — Manchester Armory $50,000 

II. Administration and Control 

(a) Restore and refurbish legis- 
lative chambers and 3rd 

floor of state house $160,000* 

(b) Refurbish exterior of state house 80,000 

(c) Renovate first floor toilets 30,000 

(d) Clean and paint exterior-state library 50,000 

(e) Renovations to Purchase and 

Property Warehouse 68,000 



Total Paragraph II 388,000 

*The projects for which these appropriations are made shall, notwith- 
standing any statutes to the contrary, be under the complete and sole 
control of the Speaker of the House and President of the Senate jointly. 
No part of this appropriation shall be expended for the Senate Chamber 
proper. 



64 House Journal, 6Mar74 



III. Aeronautics Commission 
(a) Nashua — Land for ILS 
Less Federal 


$240,000 
180,000 




Net Appropriation 
(b) Lebanon — Taxiway 
Less Federal 


$112,000 
84,000 


60,000 


Net Appropriation 




28,000 



Total Paragraph III 88,000 

IV. Education — New Hampshire Voca- 
tional-Technical Colleges 

(a) Nashua 

Automotive building — Design, 
engineering, and working draw- 
ings to be ready for 1975 
Legislative Session $45,000 

(b) Claremont 

Allied health science building — 
Design, engineering, and work- 
ing drawings to be ready for 
1975 Legislative Session 75,000 

(c) Laconia 

New equipment-graphic arts 

presses and flame progation 

chamber 89,900 

(d) Berlin 

Automotive shop addition 143,000 

(e) Manchester 

Library extension 225,000 



Total Paragraph IV 577,900 



V. Health & Welfare 






(a) Office building — phase II — 






Design, engineering, and work- 






ing drawings to be ready for 






1975 Legislative Session 




$655,000 


(b) N. H. Home for the Elderly 






(Glencliff) — Laundry 




83,600 


(c) N. H. Hospital 






(1) Reline fuel oil tanks 


$18,000 




(2) Equipment for main 






building kitchen 


25,000 




(3) Plumbing, renovation, 






etc. in south side 






main building 


69.000 




(4) Plumbing, renovation, 






etc. in north side 






main building 


86.000 





House Journal, 6Mar74 



65 



(5) Dolloff building — reno- 
vate to life safety code, etc. 

(6) Reconstruction and reno- 
vation of Tobey, Thayer, 
Brown, and Walker buildings — 

A. Design and engineer- 
ing all four buildings 

B. Reconstruction and 
renovation of Tobey 
building complete: 



80,500 



328,000 



Construction 


823,400 




Contingencies 


123,500 




Equipment 


40,000 




Total Subparagraph (c) 




1,593,400 


(d) Laconia State School and 






Training Center 






(1) Laundry equipment 


$55,000 




(2) Dairy barn conversion 


30,000 




(3) Sewer line connection 


15,000 




(4) Renovate electrical 






entrance and outside 






wiring phase I 


132,000 




Total Subparagraph (d) 




232,000 



Total Paragraph V 

VI. New Hampshire Youth Development 
Center — one residential center 

to be constructed within the 
city of Manchester 
Spaulding Cottage renovation 
Total Paragraph VI 

VII. Liquor Commission 

Addition to Portsmouth store No. 38 

VIII. Department of Resources and 
Economic Development 

(a) Relocation and reconstruc- 
tion of forestry nursery 
administration building, 
laboratory, Bear Brook central 
warehouse, and shop area. 

(b) Division of Resources Development 
(1) Land Acquisition 

A. Bear Brook — Inholdings 
200 acres, more or less 

B. Bear Brook — Additional 
land, 700 acres, more or less 

Total subparagraph (b) 



2,564,000 



125,000 

55,000 

180.000 

345,000 



$65,000 



40,000 
140,000 



180,000 



66 



House Journal, 6Mar74 



(c) Division of Parks 




(1) Land acquisition 




Trail acquisition, ease- 




ments, rights of way, etc 




(AMC Trails) 


80,000 


(2) Engineering and construction 




A. Bear Brook — new water 




supply 


49,000 


B. Franconia — phase II 




snowmaking, novice slope 




development 


95,000 


C. Greenfield — construct 




shower building and ex- 




pand parking and picnick- 




ing area 


56,000 


D. Odiorne Point — site 




improvement at Frost Point 


25,000 


E. Pawtuckaway — sewage 




dumping station and 




beach expansion 


40,000 


Total Subparagraph (c) (2) 


$265,000 


Less federal assistance 


61,480 



(d) Capital projects — utility 
construction — 5 year bonds 
(1) Franconia Notch State 
Park — tram overhaul 
Total Paragraph VIII 

IX. Department of Safety 

(a) Office building 

Plans and engineering only 
including parking layout 
and drawings 

(b) Safety services 

Boat house — rebuild and 
expand 

(c) State police 
Renovate radio station 
and building 

Total Paragraph IX 

X. Veteran's Home 
Nursing care unit 
Less federal funds 

Net state appropriations Paragraph X 

XI. State Prison 
Improvements and repairs as 
follows: replacing windows 



$180,000 



203,520 



708,520 

$250,000 

35,000 

8,000 
293,000 

$2,337,500 
1,519,375 

818,125 



House Journal, 6Mar74 67 

(main cell block), renovate 
heating (main cell block), new 
roofs on hospital and old boiler 
rooms, No. 1 boiler conversion burn- 
er, toilets for annex, renovate 
annex, maximum security cells in 
old hospital area 275,900 

XII. Water Resources Board — Repairs, 
reconstruction and rebuilding 

of dams. 

(a) Union Meadows $43,320 

(b) Kingswood Lake 53,420 

(c) Glen Lake 151,620 

(d) Howe Reservoir 29,640 

(e) Winnisquam Lake 114,000 

Total Paragraph XII 392,000 

XIII. Water Supply and Pollution 
Control Commission 
Regional waste treatment plant 

Winnipesaukee River Basin $20,086,000 

Less federal funds 15,064,500 

Less local funds 1,004,300 



Net state appropriation Paragraph XIII 4,017,200 

XIV. Public Works and Highway, 
Department of 

Constractual maintenance projects: 
5 year bonds 
New Hampshire Hospital 
Concord, N. H. 

(a) Overhauling elevators $40,000 

(b) Reinsulate warehouse freezer 12,000 



Total Paragraph XIV 52,000 

Total state appropriation Section 1 $10,749,645 

2 Appropriation, University of New Hampshire. The sums 
hereinafter detailed in this section are hereby appropriated for 
the projects specified, including but not limited to the pur- 
chasing, constructing, furnishing and equipping thereof, to the 
trustees of the University of New Hampshire system: 

I. Merrimack Valley Branch 

(a) Development of outside 

utilities $3,750,000 

(b) Construction of first 

building 1,668,000 



68 House Journal, 6Mar74 

(c) Design and working drawings 

of second building 175,000 



Total Paragraph I 


$5,593,000 


II. Keene Campus 




Renovation of former Elliot 




Hospital 


700,000' 


III. Plymouth Campus 




New academic buildings complete 


4,000,000 


IV. Durham Campus 




Complete renovation of James, 




Morrill, Murkland, and Kingsbury 




Halls to conform with N. H. Life 




Safety Code 


486,000' 



V. All Campuses 

Phase I of installation of fire 

detection systems in various 

buildings to comply with N. H. 

Life Safety Code 82,000* 

VI. Snively Arena — Fire doors, safety 
lights and devices to meet Life 

Safety Code 18,000 



Total state appropriation Section 2 $10,879,000 

* These funds shall not be transferred or used for any other 
purposes and is the total amount to be appropriated and/or 
expended for all renovation or conversion of the Elliott prop- 
erty to university use. 

**These funds shall not be transferred or used for any 
other purposes. 

3 Appropriation; Self-Liquidating. The sum of two million 
one hundred eighty-three thousand dollars is hereby appropri- 
ated for the purpose of constructing, furnishing, and equipping 
housing and dining facilities and utilities at the University of 
New Hampshire as follows: 

Durham campus 

Dormitory 2,183,000 



Total section 3 2,183,000 

4 Expenditures, General. The appropriation made for the 
purposes mentioned in sections 1 and 13, and the sums avail- 
able for those projects, shall be expended by the trustees, com- 



House Journal, 6Mar74 69 

mission, commissioner, or department head of the institutions 
and department referred to herein, provided that all contracts 
for projects and plans and specifications therefor, shall be 
awarded in accordance with the provisions of RSA 228. 

5 Expenditures, University of New Hampshire, 

I. The appropriations made for the purposes mentioned 
in sections 2 and 3 and the sums available for these projects 
shall be expended by the trustees of the University of New 
Hampshire. All contracts for the construction of all or any part 
of said building or facilities shall be let only after competitive 
sealed bids have been received and only after an advertisement 
calling for such bids has been published at least once in each 
of two successive calendar weeks in a newspaper of general cir- 
culation in New Hampshire or in a trade journal known to be 
circulated among the contractors from whom bids will be 
sought with the state of New Hampshire or elsewhere in the 
area. The first publication of such advertisement shall be not 
less than thirty days prior to the date the bids will be received. 
All conditions considered, wherever possible, it is recommended 
that the services of New Hampshire architectural and construc- 
tion firms be considered within the discretion of the trustees. 

n. Availability of Appropriation. The appropriations made 
in sections 2 and 3 are available for all costs incidental to the 
erection, furnishing, and equipping of these facilities including 
the necessary extension of utilities and includes the cost of the 
services of architects, ens^ineers, and other consultants of such 
kind and capacity as the university board of trustees may, in its 
discretion, wish to employ on such terms and conditions as the 
board determines, and include the cost of furnishing and equip- 
ping the facilities with moveable equipment and furnishings 
not affixed to the buildings, and which are not listed in the 
specifications approved for implementation of the construction 
plans. These monies shall be spent under the direction of the 
university board of trustes. 

III. Rejection of Low Bids. If, in the judgment of the 
trustees of the university, just cause exists indicating the lowest 
bid should be rejected, then the contract may be awarded to the 
next lowest bidder, or if the next lowest bid should be rejected, 
the contract may be awarded to the third lowest bidder. 

IV. Rejection of Ajl Bids. The board of trustees of the 



70 House Journal, 6Mar74 

university has the right to reject any and all bids and, if the 
lowest bid is in excess of the appropriation, the board has the 
right to negotiate with the low bidder or with the three lowest 
bidders for a contract for the construction upon terms considered 
most advantageous to the university. If only one bid is received, 
the board of trustees may negotiate a contract for the construc- 
tion on terms considered most advantageous to the university 
and to the state. Any authorization contained in this act which 
is a variance with the requirements of applicable federal law 
and regulations shall be controlled by the terms of the federal 
law and regulations. 

6 Land Acquisition. Any land acquired under the appro- 
priations made in sections 1 and 13, except such land, if any, 
as may be acquired under the appropriation for water resources 
board, shall be purchased by the commissioner of public works 
and highways, with the approval of governor and council. 

7 Bonds Authorized. To provide funds for the total of the 
appropriations of state funds made in sections 1, 2 and 3 of this 
act, the state treasurer is hereby authorized to borrow upon the 
credit of the state not exceeding the sum of twenty-three million 
eight hundred eleven thousand six hundred forty-five dollars 
and for said purpose may issue bonds and notes in the name and 
on behalf of the state of New Hampshire in accordance with the 
provisions of RSA 6-A; provided, however, that the bonds issued 
for the purposes of section 1, subparagraph VHI (d) and para- 
graph XIV of this act, shall have a maturity date of five years 
from date of issue, and provided further that the bonds issued 
for the purposes of section 3 of this act shall have a maturity 
date of thirty years from the date of issue. 

8 Payments. The payment of principal and interest on 
bonds and notes issued for the projects in sections 1, 2, 3 and 
13 shall be made when due from the general funds of the state. 

9 Liquidation. The state treasurer is authorized to deduct 
from the fund accruing to the university under RSA 187:24, or 
appropriation in lieu thereof, for each fiscal year such sums as 
may be necessary to meet interest and principal payments in 
accordance with the terms and conditions of the bonds or notes 
issued for the purposes of section 2 and 3 hereof. 

10 Powers of Governor and Council. The .a:overnor and 
council are hereby authorized and empowered: 



&^ 



House Journal, 6Mar74 7 1 

I. To cooperate with and enter into such agreements with 
the federal government or any agency thereof, as they may deem 
advisable, to secure federal funds for the purposes hereof. 

II. To accept any federal funds which are, or become avail- 
able for any project under sections 1 and 13 beyond the esti- 
mated amounts. The net appropriation of state funds for any 
project for which such additional federal funds are accepted 
shall be reduced by the amount of such additional funds, and 
the amount of bonding authorized by sections 7 or 14, which- 
ever is applicable, shall be reduced by the same amount. 

11 Transfers. The individual project appropriations, as 
provided in sections 1, 2, 3 and 13 shall not be transferred or 
expended for any other purposes; provided, however, that the 
governor and council may transfer any balance estimated to be 
available upon completion of an individual project to other 
projects within the same section. 

12 Reduction of Appropriations and Bonding Authority. 
If the net appropriation of state funds for any project provided 
for by sections 1, 2, 3 and 13 is determined on the basis of an 
estimate of anticipated federal, local or other funds, and if the 
amount of such funds actually received or available is less than 
said estimate, then the total authorized cost for such project and 
the net appropriation of state funds therefor each shall be re- 
duced by the same proportion as the proportion by which fed- 
eral, local or other funds are reduced. The amount of bonding 
authorized by sections 7 or 14, whichever is applicable, shall be 
reduced by the amount that the appropriation of state funds 
is reduced pursuant to this section. 

13 Water Resources Board Appropriation. The sums here- 
inafter detailed in this section are hereby appropriated for the 
projects specified, for capital improvements and long-term re- 
pairs thereto, to the water resources board: 

I. Baker River Watershed Project 

Sites 6-A, 7, and 11-A $2,850,350 

Less federal funds 2,158,575 

Less other funds 81,000 



Net state appropriation paragraph I $610,775 

II. Cold River Watershed Project 
Site 6 (jointly with state of Me.) 345,700 



72 House Journal, 6Mar74 

Less other funds 34,000 

Less federal funds 296,000 



Net state appropriation paragraph II 15,700 

III. Souhegan River Watershed — Site No. 33 2,500 



Total state appropriation section 13 $628,975 



14 Bonds Authorized. To provide funds for the total of 
the appropriations made of state funds in section 13 of this act, 
the state treasurer is hereby authorized to borrow upon the 
credit of the state not exceeding the sum of six hundred twenty- 
eight thousand nine hundred seventy-five dollars and for said 
purposes may issue bonds and notes in the name and on behalf 
of the state of New Hampshire in accordance with the provi- 
sions of RSA 6-A. 

15 Appropriation Extension. The appropriation made to 
the water resources board by 1971, 559, X, for the specified 
capital expenditures shall be available for expenditure until 
July 1, 1977. 

16 Certain Parks Appropriations of 1971 Extended. The 
following appropriations to the division of parks, for the speci- 
fied capital improvements, shall be available for expenditure 
until July 1, 1976: 

I. 1971, 559:1, VII, (1), (a), (i) , Franconia Notch State 
Park, tramway cable. 

II. 1971, 559:1, VII, (1), (b) , Berlin wayside and recrea- 
tion area. 

III. 1971, 559:1, VII, (1), (g) , dredging and improve- 
ments of Hampton Harbor. 

17 Appropriation for Hooksett Liquor Store Extended. 
Amend 1972, 42 by inserting after section 4 the following new 
section: 

42:4-a Appropriation Extended. Notwithstanding any 
other statute to the contrary the appropriation made by this 
act shall be available for expenditure up to July 1, 1976. 

18 Aeronautics Commission. Amend the footnote in Laws 
of 1969, 504:1, III, as amended by Laws of 1972, 63:3, by add- 



House Journal, 6Mar74 73 

ing to the footnote the following new paragraph (The pro- 
visions within this footnote which appear prior to this inser- 
tion shall not apply to paragraphs III, (b) and (d) , but said 
appropriations shall be matched with any applicable federal 
funds and shall, notwithstanding the provisions of RSA 9:18, 
not lapse until June 30, 1974.) 

19 Angle Pond Appropriation Increased. Amend Laws of 
1969, 489:3, by striking out said section and inserting in place 
thereof the following: 

489:3 Expenditure Authorized. The water resources board 
is hereby authorized to expend a sum of money not to exceed 
thirty thousand dollars for use in acquiring, repairing and 
maintaining the dam on North River Pond in the town of 
Nottingham and the dam at the outlet of Angle Pond in the 
town of Sandown which shall be a charge against the fund 
established in RSA 270:5, VII. 

20 Pisgah Road Appropriation Reduced and Extended. 
Amend Laws of 1971, 559:1, VII, (1) , (e) , by striking out the 
same and inserting in place thereof the following: 

(e) Pisgah Road Improvements $102,500 

Less federal funds 40,000 



Total $62,500* 

*Within this appropriation the sum of $22,500 provides 
for nonfederal BOR participation projects. This appropriation 
shall not lapse until June 30, 1976. 

21 Reducing the Appropriation for the Soldiers' Home. 
Amend Laws of 1971, 559:1, VIII, by striking out said para- 
graph and inserting in place thereof the following: 

VIII. Soldiers' Home 

Engineering services — renovations 2,000 

22 Reducing the 1971 Capital Budget Bonding. Amend 
Laws of 1971, 559:8, as amended, by striking out said section 
and inserting in place thereof the following: 

559:8 Bonds Authorized. To provide funds for the appro- 
priations made in sections 1, 2, 3 and 16 of this act, the state 
treasurer is hereby authorized to borrow upon the credit of the 



74 House Journal, 6Mar74 

state not exceeding the sum of eleven million four hundred 
one thousand one hundred sixty-five dollars and for said pur- 
poses may issue bonds and notes in the name and on behalf of 
the state of New Hampshire in accordance with the provisions 
of RSA 6-A; provided, however, that the bonds issued for the 
purposes of section 3 of this act shall have a maturity date of 
thirty years from the date of issue. 

23 Effective Date. This act shall take effect upon its passage. 

Amendment adopted. 

Referred to Appropriations. 

HB 5 

establishing an emergency energy authority and making an 
appropriation therefor. Ought to pass with amendment. Rep. 
Roderick H. O'Connor for Executive Departments and Ad- 
ministration. 

Strikes out original HB 5 including the title and appropria- 
tion. Updates the 1923 RSA 339:39 to include emergency 
regulation of the use of electric power in the duties of the 
"fuel administrator," newly entitled the "energy adminis- 
trator." His powers do not include control of production, 
siting, eminent domain, local ordinances, or transfer of 
funds or personnel. Rules and regulations made by the en- 
ergy administrator may be modified or rescinded by the 
Governor and Council. A process of appeal to the Superior 
Court base been added as RSA 339:43. 

AMENDMENT 

Amend the title of the bill by striking out same and insert- 
ing in place thereof the following: 

AN ACT 
relative to the office of energy administrator. 

Amend the bill by striking out all after the enacting clause 
and inserting in place thereof the following: 

1 Appointment of Administrator. Amend RSA 339:39 by 
inserting in line three after the word "fuel" the following (or 
electrical energy) and by striking out in line four the words "a 
fuel" and inserting in place thereof the following (an energy) 
so that said section as amended shall read as follows: 



House Journal, 6Mar74 75 

339:39 Appointment; Tenure. If at any time the governor 
and council shall determine that an emergency exists requiring 
public regulation of the supply and sale of fuel or electrical 
energy for any purpose, the governor, with the advice and con- 
sent of the council, may appoint an energy administrator, who 
shall hold office until the governor and council shall determine 
that the emergency has ceased to exist. 

2 Regulations of Administrator. Amend RSA 339:40 by 
striking out said section and inserting in place thereof the fol- 
lowing: 

339:40 Regulations. The energy administrator shall have 
authority to make such rules and regulations with respect to the 
sale, distribution and use of fuel and electrical energy, includ- 
ing the fixing of prices and standards, as the public good may 
require. 

3 Investigations. Amend RSA 339.41 by inserting in line 
three after the word "fuel" the following (or electrical energy) 
so that said section as amended shall read as follows: 

339:41 Investigations. He shall have authority to compel 
the attendance of witnesses and the production of documents, 
may examine the books and papers of producers of or dealers 
in fuel or electrical energy and may compel the cooperation of 
all officers, boards, commissions and departments of the state 
having information that may assist him in making investigations 
in the discharge of his dutes. 

4 Appeal to Courts. Amend RSA 339:43 by striking out 
said section and inserting in place thereof the following: 

339:43 Appeal. The governor and council, on appeal by 
any interested party, may modify or rescind any rule or regula- 
tion made by the energy administrator. Any person who shall 
be injured in fact by any rule, regulation, or ruling of the ener- 
gy administrator which shall be sustained by the governor and 
council may appeal to the superior court of the county in which 
such person resides or does business. The superior court shall 
conduct a hearing de novo on the validity of such rule, regula- 
tion or ruling. 

5 Penalty. Amend RSA 339:44 (supp), as amended, by 
striking out in line three the word "fuel" and inserting in place 
thereof the following (energy) so that said section as amended 
shall read as follows: 



76 House Journal, 6Mar74 

339:44 Penalty. Any person who shall knowingly violate 
any provision of this or the preceding subdivision, or shall fail 
to comply with any rule or regulation of the energy administra- 
tor issued in accordance herewith, shall be guilty of a misde- 
meanor if a natural person, or shall be guilty of a felony if any 
other person. 

6 Effective Date. This act shall take effect upon its passage. 

Amendment adopted. 

Rep. McLane explained the bill. 

(discussion) 

Rep. Daniell offered an amendment and spoke in favor of 
his amendment. 

AMENDMENT 

Amend the amendment by striking out section 6 of the 
bill and inserting in place thereof the following: 

6 Additional Duties of the Administrator. Amend RSA 
339 by inserting after section 41 the following new sections: 

339:41-a Antitrust Legal Action. The energy administra- 
tor shall cooperate fully with all states, in particular Michigan 
and Connecticut, in taking legal action against any of the na- 
tional oil companies doing business in this state for violation 
of the federal and state antitrust laws. He shall assist to what- 
ever extent possible the attorneys representing such states in 
furnishing them with information pertaining to the oil in- 
dustry of this state which might be helpful to their legal actions. 

With the consent of the governor and council, he is au- 
thorized to retain legal counsel to have this state join with other 
states or take action on its own under the antitrust laws of the 
state or nation. 

339:41-b Protection of Retail Dealers; Report. The energy 
administrator shall further be responsible for developing pro- 
tective measures and general assistance for the defense of the 
rights of New Hampshire gasoline station operators and retail 
fuel oil distributors from their suppliers. 

Within thirty days of the convening of any regular or 
special session of the legislature, he shall issue a report with 



House Journal, 6Mar74 77 

his recommendations for changes or additions to the state laws 
for the purpose of accomplishing the objectives of this statute. 

7 Appropriation. There is hereby appropriated for the 
biennium ending June 30, 1975 the sum of fifty thousand dol- 
lars to be expended by the fuel administrator to carry out the 
objectives and purposes of RSA 339:39 through 44. The gov- 
ernor is authorized to draw his warrant for said sum out of any 
money in the treasury not otherwise appropriated. 

8 Effective Date. This act shall take effect upon its passage. 
Rep. McLane spoke in favor of the Daniell amendment. 
Rep. Gallen non-spoke in favor of the Daniell amendment. 
Reps. Coutermarsh and Sununu spoke in favor of the bill. 
Daniell amendment adopted. 

Referred to Appropriations. 

HB 24 

permitting the use of changeable effective date designa- 
tions, such as decals, on all motor vehicle and boat registration 
plates; authorizing the governor and council to establish tem- 
porary speed laws; and exempting certain functions relative to 
motor vehicles and highways from the provisions of the admin- 
istrative procedures act. Ought to pass with amendment. Rep. 
Hamel for Transportation. 

This bill (1) allows decals on all types of motor vehicles 
and boat plates (2) clarifies the law to allow lower speed 
limits during a national emergency but requires review 
each year (3) modifies administrative procedures act: a) 
to exempt Department of Public Works and Highways 
only concerning highway signs, road markings, driveway 
permits, etc. b) relieves Fish and Game from necessity of 
spending over $80,000 to publish their regulations in a 
newspaper under this law. 

AMENDMENT 

Amend the title of the bill by striking out same and insert- 
ing in place thereof the following: 



78 House Journal, 6Mar74 

AN ACT 

permitting the use of changeable effective date designations, 

such as decals, on all motor vehicle and boat registration 

plates; authorizing the governor and council to establish 

temporary speed laws; exempting certain functions relative 

to motor vehicles and highways from the provisions of the 

administrative procedures act; and exempting the department 

of fish and game from procedural requirements of their rule 

making under Title XVIII, until June 30, 1975. 

Amend RSA 262: 1-a as inserted by section 4 of the bill, by 
striking out in line fifteen the words "director of motor vehi- 
cles" and inserting in place thereof the following (commissioner 
of safety) , so that said section as amended shall read as follows: 

262: 1-a Traffic Safety Fund. The proceeds from original 
license fees as provided in RSA 262:11 and the special fees for 
initial number plates collected in accordance with RSA 260: 10-a, 
and number plates for citizens' band operators in accordance 
with RSA 260:ll-b, after costs of such plates or designation of 
effective periods thereof and issuance of same have been appro- 
priated and deducted, shall be expended solely for courses of 
instruction and training in safe motor vehicle driving conducted 
in or under the supervision of secondary schools. No portion of 
such funds shall lapse nor be used for any other purposes, nor 
be transferred to any other appropriation. After all costs of 
administration of the program each year of the biennium have 
been reserved, the remaining balance shall be paid to the state 
treasurer by June 30 of each year. Such balance shall be kept 
in a separate fund which shall be paid out on or before Septem- 
ber 15 of each year to participating schools prorated on a per- 
pupil basis for those who have completed the driver education 
program.. Subject to final approval by the governor and council, 
the commissioner of safety jointly with the commissioner of 
education shall promulgate and publish rules and regulations 
governing the courses of instruction and training and determin- 
ing eligibility of secondary schools to receive monies from 
the fund established by this section. 

Amend RSA 262-A:56, III, as inserted by section 9 of the 
bill, by striking out in line five the word (twenty-four) and in- 
serting in place thereof the following (twelve), so that said para- 
graph as amended shall read as follows: 



House Journal, 6Mar74 79 

III. The commissioner shall keep and maintain a full and 
complete record of all temporary speed zones established pur- 
suant to paragraph II and all alterations, amendments or re- 
moval thereof. Such temporary speed limits shall remain in 
effect until rescinded by the governor and council, or twelve 
months from the effective date of establishment, whichever oc- 
curs first. Said temporary speed limits may be reimposed, with 
or without lapse, as hereinbefore provided. 

Amend section 1 1 of the bill by striking out said section 
and inserting in place thereof the following: 

1 1 Replacement Plates. Amend RSA 260 by inserting after 
section 9 the following new section: 

260:9-a Replacement of Motor Vehicle Plates. In the event 
the director of motor vehicles issues changeable effective date 
designations, and the number plates previously issued to the 
registered owner, including intial number plates and other 
special plates, have become damaged, multilated, illegible or 
one plate has been lost, said registered owner may apply in 
writing to the director for replacement plates alleging that said 
plates are damaged, mutilated, illegible or one plate has been 
lost and if the director finds that the allegation is true, the di- 
rector shall issue without charge two replacement plates. An 
application for replacement plates shall be considered only 
once each registration year and only during the period of years 
that changeable date designations are utilized, in all other cases 
plate replacement shall be made pursuant to RSA 263-4. 

Amend RSA 541-A:10 as inserted by section 12 of the bill 
by striking out paragraph VI and inserting in place thereof the 
following: 

VI. RSA 249: 13 relative to excavation permits. 

VII. RSA 249: 17 relative to driveway permits. 

VIII. RSA 254:3 relative to licensing utility poles and 
appurtenances with public highways. 

Amend the bill by striking out section 13 of same and 
inserting in place thereof the following: 

13 Exempting Fish and Game Department from Proced- 
ural Requirements of RSA Title XVIII. Notwithstanding any 
other provisions of RSA Title XVIII, such rules and regula- 



80 House Journal, 6Mar74 

tions as the department is required to adopt in order to be not 
in violation of RSA 541 -A may be adopted until June 30, 1975, 
and take effect in accordance with no other statutes than RSA 
541-A:3 and 4, provided, however, the effective date shall be 
the twentieth day after it has been filed in accordance with 
RSA 54 1 -A: 4, I, or such later date as the rule or regulation 
specified. This section shall not be deemed to nullify the pro- 
visions of and effect of the laws of 1973, 507:4. 

14 Effective Date. 

I. Sections 1, 2, 3 and 4 of this act shall take effect on 
April 1, 1975. 

II. Sections 5, 6, 7, 8 and 1 1 of this act shall take effect on 
January 1, 1975. 

III. Sections 9, 10, 12 and 13 of this act shall take effect 
on passage. 

At the request of Rep. Richard L. Bradley, Rep. Hamel 
answered questions. 

Amendment adopted. 

Rep. James W. Murray moved that the words, inexpedient 
to legislate, be substituted for the committee report, ought to 
pass with amendment, and spoke in favor of the motion. 

(discussion) 

Reps. Hamel and Curran spoke against the motion. 

Rep. Richard L. Bradley spoke in favor of the motion. 

Rep. Gerry F. Parker moved that HB 24 be recommitted 
to the committee on Transportation. 

Rep. Hamel spoke against the motion. 

Rep. Horan spoke in favor of the motion. 

Motion to recommit lost. 

Rep. James W. Murray moved that HB 24 be divided into 
4 sections as follows: 1 through 8, first section; 9 through II, 
second section; 12 third section and 13 fourth section. 

Rep. Pi»rker spoke in favor of the motion. 

Rep. Murray subsequently withdrew his motion to divide. 



House Journal, 6Mar74 8 1 

The question now being on the motion to substitute, in- 
expedient to legislate, for the committee report, ought to pass 
with amendment. 

Rep. Parker requested a division. 

HI members having voted in the affirmative and 128 in 
the negative, the motion failed. 

Ordered to third reading. 

HB 27 

relative to carrying a loaded pistol on an OHRV, as defined 
in RSA 269-C. Ought to pass with amendment. Rep. Hamel for 
Transportation. 

The bill as amended does the following to the off highway 
vehicle law (HB 10 of the 1973 Session) : (1) clarifies the 
definition of an off highway recreational vehicle so that 
they do not come under the law when used for transporta- 
tion only (2) defines limited and controlled access high- 
ways more clearly (3) removes the words "and in a case 
or holster" from the OHRV law (RSA 269-C: 15). 

AMENDMENT 

Amend the title of the bill by striking out same and insert- 
ing in place thereof the following: 

An Act 

relative to amending certain provisions of the Off 
Highway Recreational Vehicle Law, RSA 269-C. 

Amend the bill by striking out everything after the enact- 
ing clause and inserting in place thereof the following: 

1 Off Highway Recreational Vehicle Defined. Amend RSA 
269-C: 1, VI, (supp) as inserted by 1973, 560:1, by inserting in 
line seven after the word "definition" the following (provided 
that, when said motor vehicle is being used for transportation 
purposes only, it shall be deemed that said motor vehicle is not 
being used for recreational purposes.) , so that said paragraph 
as amended shall read as follows: 

VI. "Off Highway Recreational Vehicle" means any me- 
chanically propelled vehicle used for pleasure or recreational 
purposes running on rubber tires, belts, cleats, tracks, skiis or 



82 House Journal, 6Mar74 

cushion or air and dependent on the ground or surface for 
travel, or other unimproved terrain whether covered by ice or 
snow or not, where the operator sits in or on the vehicle. All 
legally registered motorized vehicles when used for off highway 
recreational purposes shall fall within the meaning of this defi- 
nition; provided that, when said motor vehicle is being used 
for transportation purposes only, it shall be deemed that said 
motor vehicle is not being used for recreational purposes. For 
purposes of this chapter "off highway recreational vehicle" 
shall be abbreviated as OHRV. 

2 Limitations of OHRV Use on Public Highways. Amend 
RSA 269-C:7, I and 11 (supp) , as inserted by 1973, 560:1, by 
striking out said paragraphs and inserting in place thereof the 
following: 

I. During the period beginning one-half hour before sun- 
rise and ending one-half hour after sunset a person may operate 
a snow traveling vehicle on the rights of way, exclusive of 
traveled portions, sidewalks and plowed snowbanks, of public 
highways other than interstate highways, toll roads, or limited 
access highways except those limited access highways designated 
as controlled access highways by the commissioner of the de- 
partment of public works and highways. 

II. Highway crossings for established OHRV trails may be 
granted by written permission from the commissioner of the 
department of public works and highways or his representative. 
No direct crossings of interstate highways or toll roads will be 
permitted. No direct crossings of limited access highways, ex- 
cept those designated as controlled access highways by the com- 
missioner of the department of public works and highways will 
be permitted. The commissioner of the department of public 
works and highways may issue written permission for OHRV 
trail crossings either under or over interstate toll or limited 
access highways. The policy governing such OHRV trail cross- 
ings and OHRV trail crossings on class I, class II, class III and 
limited access highways designated as controlled access high- 
ways by the commissioner of the department of public works 
and highways, shall be as determined by the commissioner of 
public works and highways. 

3 Loaded Firearms Forbidden with Certain Exceptions. 
Amend RSA 269-C:15 (supp), as inserted by 1973, 560:1, by 



House Journal, 6Mar74 83 

striking out said section and inserting in place thereof the fol- 
lowing: 

269-C:15 Loaded Firearms Forbidden. No person shall 
carry on an OHRV, or a trailer towed by same, any firearms 
unless said firearms is unloaded. This section shall not apply 
to law enforcement officers carrying firearms in the course of 
duty. Loaded firearms carried under permits issued under RSA 
159 are included in the above regulation. 

4 Effective Date. This act shall take effect sixty days after 
its passage. 

At the request of Rep. Read, Rep. Hamel answered ques- 
tions. 

Rep. Hamel yielded to Rep. French to answer questions. 

(discussion) 

Amendment adopted. 

Reps. Gorman and Chase offered an amendment. 

AMENDMENT 

Amend RSA 269-C:15 as inserted by section 3 of the bill 
by striking out said section and inserting in place thereof the 
following: 

269-C:15 Loaded Firearms Forbidden. No person shall 
carry on an OHRV, or a trailer towed by same, any firearms 
unless said firearm is unloaded. This section shall not apply 
to law enforcement officers carrying firearms in the course of 
duty or to pistols carried under a permit issued pursuant to 
the authority of RSA 159. 

The clerk read the amendment in full. 

Reps. Gorman, Chase, Laurent J. Boucher, George E. 
Gordon and Erler spoke in favor of the amendment. 

(discussion) 

Reps. French and D'Amante spoke against the amendment. 
Reps. Pryor, Oleson, Burrows, Splaine, Hood, Maguire, 



84 House Journal, 6Mar74 

Allen, Metcalf and Donnelly non-spoke in favor of the amend- 
ment. 

Ordered to third reading. 

On a w the Speaker was in doubt and requested a division. 

It being manifestly in the affirmative the Gorman and 
Chase amendment was adopted. 

REREFERRAL 

The Speaker rereferred HCR 4, relative to a new f>oint rule 
No. 32, to the Committee on Joint Rules. 



The Speaker announced that today Rep. Bigelow is cele- 
brating his 62nd birthday and Rep. Alukonis his 39th birthday. 

RESOLUTION 

Rep. George B. Roberts, Jr. moved that all bills ordered to 
third reading, be read a third time by this resolution and that 
all titles of bills be the same as adopted, and that they be passed 
at the present time, unless otherwise ordered by the House, 
and that when the House adjourns today it be to meet tomorrow 
at 10:00 a.m. 

Adopted. 

Third reading and final passage 

HB 12, conforming tax commission references in the cur- 
rent use taxation law to the revised revenue administration 
laws. 

HB 25, changing the reporting date for the study commis- 
sion on the problems of unemployed citizens in New Hamp- 
shire. 

HB 13, repealing the termination date of RSA 357-B. 

HB 29, relative to tuition payments for handicapped chil- 
dren; amending the appropriation for same; defining a handi- 
capped child as a person up to the age of twenty-one; and pro- 
viding for educational and other expenses in public institutions. 

HB 24, permitting the use of changeable effective date 



House Journal, 7Mar74 85 

designations, such as decals, on all motor vehicle and boat 
registration plates; authorizing the governor and council to 
establish temporary speed laws; exempting certain functions 
relative to motor vehicles and highways from the provisions of 
the administrative procedures act; and exempting the depart- 
ment of fish and game from procedural requirements of their 
rule making under Title XVIII, until June 30, 1975. 

HB 27, relative to amending certain provisions of the Off 
Highway Recreational Vehicle Law, RSA 269-C. 

On motion of Rep. Arthur F. Mann the House adjourned 
at 1:38 p.m. in honor of Rep. Bigelow's birthday. 



Thursday^ 7Mar74 

The House met at 10:00 o'clock. 

Prayer was offered by Rep. Barrus. 

Our God, the God of our fathers, strengthen us to do the 
work that is before us, guide us in the ways of righteousness and 
truth; make us responsible to the needs of others, encourage us 
to remember that when we do what is right, we are doing Thy 
will. 

We pray, our Father, that Thou will be with this House, 
and that Thy Spirit will be in this chamber and with this State 
this day and in the days to come. Amen. 

PLEDGE OF ALLEGIANCE 

Rep. David J. Bradley led the Pledge of Allegiance. 

LEAVES OF ABSENCE 

Reps. Tripp, Grady and Southwick, the day, illness. 

Rep. Gary, indefinite, illness. 

Reps. Albert C. Jones and Helen F. Wilson, the day, im- 
portant business. 

RESOLUTION 

Rep. Zachos offered the following resolution: 



86 House Journal, 7Mar74 

Resolved, that in accordance with the list in the possession 
of the clerk, House Bills numbered 36 and 37 shall be by this 
resolution read a first and second time by the therein listed 
titles, laid on the table for printing and referred to the therein 
designated committees. 

Adopted. 

INTRODUCTION OF HOUSE BILLS 

First, second reading & referral 

HB 36, permitting the sale of milk in three quart contain- 
ers. (Rules Committee for Rep. Campbell of Rockingham Dist. 
5 — To Environment and Agriculture) . 

HB 37, to provide for the repeal of the law tending to pro- 
hibit hitchhiking. (Rules Committee for Rep. Parker of Hills- 
borough Dist. 17 — To Transportation) . 

ENROLLED BILLS REPORT 

HB 9, increasing the debt limit for the Londonderry school 
district. 

HB 28, authorizing Franklin Pierce College to grant the 
degree of juris doctor, 

Mabel L. Richardson 

For the Committee 

COMMITTEE REPORTS 

HB 1 

making supplemental appropriations for expenses of cer- 
tain departments of the state for the fiscal years ending June 30, 
1974 and June 30, 1975 and making other budgetary changes. 
Ought to pass with amendment. Rep. Drake for Appropriations. 



House Journal, 7Mar74 



87 



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152 House Journal, 7Mar74 

At the request of Rep. Nelson, Rep. Drake answered ques- 
tions. 

Amendment adopted. 

Ordered to third reading. 

HB 3 

relative to establishment of a food stamp program and 
making an appropriation therefor. Ought to pass with amend- 
ment. Rep. Drake for Appropriations. 

AMENDMENT 

Amend the bill by striking out all after section 1 and in- 
serting in place thereof the following new sections: 

2 Appropriation. There is hereby appropriated to the divi- 
sion of welfare of the department of health and welfare for the 
fiscal year ending June 30, 1974 and for the fiscal year ending 
June 30, 1975 the following sums which shall be expended as 
follows: 

1974 1975 



Food Stamp Program: 








Personal Services: 








Permanent 




$73,996 


$656,258 


Other 




2,162 


25,945 


Current Expenses 




15,083 


136,222 


Travel: 








In-State 




4,186 


36,570 


Out-of-State 




364 


3,180 


Equipment 




60,505 


18,632 


Other Expenditures: 








Merit System 




328 


2,848 


Benefits 




7,234 


64,802 


System Development 


and Support 


73,596* 


57,460 


Coupon Issuance 




4,500* 


537,900 


Staff Training 


— 


3,000 


1,400 


rOTAL 


$244,954 


$1,541,217 



Estimated Source of Funds for Food 
Stamp Program: 

Federal $47,563 $384,690 



House Journal, 7Mar74 153 

General 197,391 1.156,527 



TOTAL $244,954 $1,541,217 



*This appropriation shall not lapse until June 30, 1975. 

The orovernor is authorized to draw his warrant for the sums 
hereby appropriated out of any money in the treasury not other- 
wise appropriated, 

3 Personnel to Establish Appropriate Salary Grades. Ex- 
penditure of the funds appropriated in this act for the establish- 
ment of new classified positions shall be subject to final deter- 
mination by the department of personnel as to the appropriate- 
ness of the salary grades. 

4 Effective Date. This act shall take effect upon its passage. 

Rep. Nelson moved that the words, inexpedient to legislate, 
be substituted for the committee report, ought to pass with 
amendment, and spoke in favor of the motion and subsequently 
withdrew his motion. 

Rep. Drake explained the bill. 

Amendment adopted. 

Ordered to third reading. 

HB 4 

providing supplemental grants to families with dependent 
children and making an appropriation therefor and authorizing 
flat grant payments for categorical assistance. Ought to pass 
with amendment. Rep. Drake for Appropriations. 

AMENDMENT 

Amend the bill by striking out the four whereas clauses. 

Further amend the bill by striking out all after the enact- 
ing clause and inserting in place thereof the following: 

1 Appropriation. There is hereby appropriated to the divi- 
sion of welfare, department of health and welfare, the sum of 
six hundred forty-one thousand four hundred seventy-six dol- 
lars from the general funds of the state, and one million forty- 
eight thousand eight hundred forty-two dollars from federal 



154 House Journal, 7Mar74 

funds for the 1975 fiscal year for the purpose of improving the 
assistance standards for recipients of aid to families with de- 
pendent children. Such sums shall be in addition to any other 
sums appropriated to the division of welfare for the fiscal year 
ending June 30, 1975. The governor is authorized to draw his 
warrant for the sums hereby appropriated out of any money 
in the treasury not otherwise appropriated. 

2 Authorizing Flat Grant Payments. Amend RSA 167:7, as 
amended, by striking out said section and inserting in place 
thereof the following: 

167:7 Amoimt of Assistance. The director of the division 
of welfare, department of health and welfare, shall establish 
standards of assistance, and shall determine the amount of as- 
sistance to be granted under this chapter or RSA 161. In the de- 
termination of assistance due regard shall be given to income 
and resources of recipients and the funds appropriated for pur- 
poses of this chapter and RSA 161. The director of the division 
of welfare shall in appropriate cases give notice to (consult 
with) the proper officials of counties or towns hereby required 
to contribute to the cost thereof. 

3 Effective date. This act shall take effect upon its passage. 

Rep. George I. Wiggins moved that the words, inexpedient 
to legislate, be substituted for the committee report, ought to 
pass with amendment, and spoke in favor of the motion, and 
subsequently withdrew his motion. 

Amendment adopted. 

Ordered to third reading. 

HB 17 

increasing the mileage rate for all state employees using 
privately owned passenger vehicles and making an appropria- 
tion therefor. Ought to pass with amendment. Rep. Drake for 
Appropriations. 

AMENDMENT 

Amend the bill by striking out all after the enacting clause 
and inserting in place thereof the following: 

1 Mileage Rate. Amend RSA 99-A:l, as inserted by 1955, 
257:1, as amended, by striking out said section and inserting in 
place thereof the following: 



House Journal, 7Mar74 L55 

99-A:l State Officials and Employees. State officials and 
employees required to use their private cars in the conduct of 
official business for the state shall be reimbursed for mileage at 
a rate of twelve cents per mile. 

2 Appropriation. There are hereby appropriated for fiscal 
year ending June 30, 1975 for the purpose of section 1 of this 
act the following sums: $64,126 from general funds, $35,452 
from highway funds, $1,000 from fish and game funds, $30,409 
from special funds. The governor is authorized to draw his war- 
rant for the money hereby appropriated which shall be a charge 
against the general fund and against each special fund as desig- 
nated. 

3 Effective Date. This act shall take effect July 1, 1974. 
Amendment adopted. 

Ordered to third reading. 

HB 33 

relative to the Winnipesaukee River Basin Control; and 
providing for continuation of the study committee on the water 
supply and pollution control commission. Ought to pass with 
amendment. Rep. Drake for Appropriations. 

AMENDMENT 

Amend RSA 149-G:6, I as inserted by section 2 of the bill, 
by striking out said paragraph and inserting in place thereof 
the following: 

I. The commission shall annually, at the beginning of each 
fiscal year, assess each municipality served by the regional sew- 
age disposal facilities provided for by this chapter, a sum suffi- 
cient to recover its proportional share of the total in relation 
to the total costs estimated to be incurred during said fiscal 
year in treating, transporting and disposal of sewage of the com- 
munities served and those to be served; the proportional share 
of each community shall be determined by the procedure pro- 
vided for in paragraph IV. 

Amend RSA 149-G:6, II, as inserted by section 2 of the 
bill, by striking out said paragraph and inserting in place there- 
of the following: 

II. The commission shall annually, at the beginning of 



156 House Journal, 7Mar74 

each fiscal year, assess each municipality served or to be served 
by the regional sewage disposal facilities provided for by the 
provisions of this chapter the costs estimated to be incurred 
during said fiscal year in administering this chapter, plus a 
charge for amortization charges thereon of all facilities amount- 
ing to five percent of the total amortization charges, meaning 
principal and interest, thereon. The proportional share of 
each community's costs shall be determined by the procedure 
provided for in paragraph IV. 

Amend RSA 149-G:6, III, as inserted by section 2 of the 
bill, by striking out said paragraph and inserting in place there- 
of the following: 

III. The respective share of the assessments made in para- 
graphs I and II shall be paid to the commission by each munici- 
pality quarterly on July fifteenth, October fifteenth, January 
fifteenth and April fifteenth of that fiscal year. After the close 
of each fiscal year, the commission shall ascertain its actual 
total expenses in accordance with the foregoing provisions, and 
then shall adjust the assessment for the first quarterly payment 
of the new fiscal year for each such municipality served for any 
under-payment or over-payment by each such municipality 
served for the prior fiscal year. 

Amend RSA 149-G:6, IV, as inserted by section 2 of the 
bill, by striking out said paragraph and inserting in place there- 
of the following: 

IV. The assessments provided to be made by this section 
shall be made by taking into account the volume and strength 
of the industrial, domestic, commercial, and all other waste 
discharges treated or the estimated volume and strength of the 
industrial, domestic, commercial and all other waste discharges 
to be treated and techniques of treatment required. Proportion- 
al costs as determined by the water supply and pollution con- 
trol commission, associated with transporting raw and treated 
sewage through a major interceptor from a municipality at 
which it is generated or is to be generated to the point of treat- 
ment or discharge shall be allocated to the municipality which 
uses or will use the interceptor on the basis of volume and dis- 
tance traveled or estimated volume and distance traveled. In 
determining said assessments for each municipality, the com- 
mission shall abide by federal regulations which govern the 
allocation of costs and receipt of payments by industry for in- 



House Journal, 7Mar74 157 

dustrial discharges. Any operating and maintenance costs over 
and above whiat has been determined to be proportional by the 
commission shall be an obligation of the state. 

Amend RSA 149-G:6, as inserted by section 2 of the bill, 
by striking out paragraphs V and VI and renumbering para- 
graphs VII, VIII and IX to read respectively as follows : 
V, VI, AND VII . 

Amend the bill by striking out section 4 of the bill and in- 
serting in place thereof the following: 

4 Committee Membership Enlarged. Amend the laws of 
1973, chapter 334, by striking out all after the resolving clause 
and inserting in place thereof the following: 

That there is hereby established a special legislative com- 
mittee to study and report on the existing program and future 
needs of the water supply and pollution control commission. 
The committee shall review the efficiency, economy and effec- 
tiveness of present procedures, policies and programs of the 
commission with respect to the handling of the duties and func- 
tions assigned to it. The committee shall make recommenda- 
tion for any additional safeguards, personnel and other mea- 
sures which it deems necessary in order that the commission 
may carry out its present and anticipated future responsibilities. 
Said committee shall consist of thirteen members appointed 
as follows: three senators from the Senate resources and en- 
vironmental control committee appointed by the president of 
the senate, six representatives of the house committee on re- 
sources, recreation and development, and one representative of 
the house appropriations committee appointed by the speaker 
of the house and three members representing the general pub- 
lic appointed by the governor. The committee shall elect one 
of its members as chairman. The committee shall report its 
findings and recommendations to the general court on or before 
January 15, 1975. The committee shall have full power and 
authority to require from the several departments, agencies, 
and officials of the state and its political subdivisions, such 
data, information and assistance as it may deem necessary or 
desirable for the purposes of this study. The water supply and 
pollution control commission shall provide the special com- 
mittee with such of its rules, regulations and procedures as the 



158 House Journal, 7Mar74 

committee may request, together with the justification thereof. 
Amendment adopted. 
Ordered to third reading. 

HB 35 

providing for twenty years retirement for members of 
group II under the N. H. Retirement System, permitting the 
transfer of members of the New Hampshire Firemen's Retire- 
ment System and of the New Hampshire Policemen's Retire- 
ment System into the New Hampshire Retirement System and 
making an appropriation therefor. Refer to Fiscal Committee 
for interim study. Rep. Drake for Appropriations. 

Rep. Weeks explained the committee report. 

Rep. Coutermarsh moved that the words, ought to pass, be 
substituted for the committee report, refer to fiscal committee 
for interim study, and spoke in favor of the motion. 

(discussion) 

Reps. George I. Wiggins, Twardus, Daniell, Raymond and 
Drake spoke against the motion. 

Reps. John T. Winn, George E. Gordon, T. Anne Webster, 
Curran, Sabbow, Palfrey, Huot and George B. Roberts, Jr. 
spoke in favor of the motion. 

Reps. Donnelly, Lebel, Desmarais, Spirou, Cushman, Ezra 
B. Mann, James A. Humphrey, Colby, McDonough, DAllesan- 
dro, Roderick H. O'Connor, Barka, Nims, Gerry F. Parker, 
Gorman, Brungot, Sayer, Rock, Gallen, McManus and LaRoche 
non-spoke in favor of the motion. 

Rep. William P. Boucher non-spoke against the motion. 

Rep. Hildreth requested a roll call, seconded by Reps. 
Lamy, T. Anne Webster, Gerry F. Parker, William J. Stevens 
and Roderick H. O'Connor. 

ROLL CALL 
YEAS: 229 NAYS: 91 



House Journal, 7Mar74 159 

YEAS 

Belknap County: 

French, Lawton, Matheson, Nighswander, Wuelper, Bow- 
ler, Roberts, Charles B., Roberts, George B,, Twigg, Huot, 
Hildreth, Randlett, Sabbow, Maguire. 

Carroll County: 

Howard, Donalda K., Duprey, Davis, Dorothy W., Clafln, 
Allen, Webster, T. Anne. 

Cheshire County: 

Stevens, Anthony, Johnson, Elmer L,, Ladd, Dunham, 
Yardley, Milbank, Ames, Streeter, Nims, Drew. 

Coos County: 

Huggins, Metcalf, Biishey, Hunt, Burns, Kidder, Victor 
L., Oleson, Fortier, Valliere, Pryor, Brungot, Gagnon, Rebecca, 
Theriault. 

Grafton County: 

Gallen, Tilton, Jones, Anthony K., Mann, Ezra B., Alt- 
man, Warren, Roger K., Buckman, Harrison, Gemmill, Webb, 
Chambers, Dvihaime, Eaton, Myrl R., 

Hillsborough County: 

Eaton, Joseph M., Humphrey, Howard S., Withington, 
Mann, Arthur F., Murray, Fred E., Karnis, Eaton, Clyde S., 
Heald, Philip C, Warren, E, George, Thomson, Harold E., 
Archambault, Orcutt, Knight, Roy, Antonio J., Harvell, Van 
Loan, Bragdon, Brown, G. Winthrop, Carter, Langdell, Cars- 
well, Dwyer, Geiger, Lyons, Bednar, Nutting, Polak, Currier, 
Ethier, McLaughlin, Rock, Parker, Gerry F., Record, Wood- 
ruff, Cote, Margaret S., Winn, John T., Winn, Cecelia L., Des- 
marais, Lachance, Lefebvre, McGlynn, Migneault, Aubut, Bois- 
vert, Mason, Sullivan, David T., Wilcox, Coutermarsh, Erick- 
son, Lebel, Daniels, Ackerson, Murphy, Nardi, Smith, Craig D., 
Spirou, Shea, Dupont, McDonough, Drewniak, Sullivan, Mary 
J., Beaulieu, Gelinas, Taber, Healy, George T., MacDonald, 
O'Neil, Dorthea M., Thibeault, P. Robert, Burke, O'Connor, 
Timothy K., D'AUesandro, Lynch, Lamy, Normand, Bernier. 

Merrimack County: 

Thompson, Arthur E., Sherman, Bigelow, Parker, Harry 
C, Deoss, Hanson, Enright, Rice, Gamache, Gordon, George 



160 House Journal, 7Mar74 

E., Plourde, Bartlett, Perkins, John B., Cushman, Mattice, Wig- 
gin, Elmer S., Humphrey, James A., Davis, Alice, Underwood, 
Harriman, Hager. 

Rockingham County: 

King, Stimmell, Davis, Roy W., Kashulines, Skinner, 
Barka, Gorman, MacGregor, Read, Senter, Campbell, Lemay, 
Roy, Vesta M., Sayer, Stevens, William J., SpoUett, Webster, 
Clarence L., White, Cummings, Vey, Sanborn, Simard, Tavi- 
tian, Rogers, Randall, Akerman, Casassa, Parr, Brown, Benja- 
min A., Collishaw, Eastman, Junkins, Page, Twardus, Scamman, 
Ellis, Maynard, Palfrey, Splaine, Dame, McEachern, Joseph A., 
Connors, Hodgdon, Keefe, McEachern, Paul. 

Strafford County: 

Dawson, Harvey, Colby, Rowell, Dudley, Plumer, Tirrell, 
Joncas, Bouchard, Maloomian, Chasse, Peter N., Hebert, Me- 
serve, Tanner, Ineson, Thompson, Barbara C, Ruel, Winkley, 
LaRoche, Preston, Boisse, Bernard, Donnelly, Kincaid, O'Con- 
nor, Roderick H., Peabody. 

Sullivan County: 

Rousseau, Burrows, Lewko, Saggiotes, Scott, Olden. 

NAYS 

Belknap County: 
Hood. 

Carroll County: 
Chase. 

Cheshire County: 

Galloway, Johnson, Edward A., Slicer, Whipple, Marshala, 
McGinness, Savage, Gordon, Anne B., Turner, Raymond, 
Cooke, Close, Scranton. 

Coos County: 

Drake, Richardson, Mabel L. 

Grafton County: 

Curran, Stevenson, Fimlaid, Bradley, Richard L., Clark, 
Anderson, Fayne E., Krainak, Bradley, David J., Copenhaver, 
Nutt, Hough, Symons, Townsend, Madeline G., Bell. 

Hillsborough County: 

Colburn, Perkins, Arnold B., Spalding, Kenneth W., Co- 



House Journal, 7Mar74 161 

bum, Ferguson, Boyd, Hall, Alukonis, Bergeron, Smith, Leon- 
ard A., Richardson, John W., Seamans, Cobleigh, Zechel, Bel- 
court, Charest, Gabriel, Ouellette, Ainley, Milne, Zachos, Hor- 
an, Gardner. 

Merrimack County: 

Kidder, William F., Chandler, Boucher, Laurent J., Kop- 
perl, Thompson, Doris L., Daniell, Piper, Gate, McLane, New- 
ell, Jones, H. Gwendolyn, Rich, Howard, C. Edwin, Noble. 

Rockingham County: 

Boucher, William P., Soule, Thibeault, George J., De- 
Cesare, Erler, Goodrich, Schwaner, Hamel, Cunningham, Ste- 
vens, Elliot A., Weeks, Greene, Lockhart, Griffin. 

Strafford County: 
Beckett, Leighton. 

Sullivan County: 

Townsend, Sara M., Barrus, Spaulding, Roma A., D'Aman- 
te, Frizzell, Wiggins, George L, Williamson. 

Rep. Hammond abstained under Rule 16. 

and the motion to substitute carried. 

Reps. Sununu, Belair, Barrett, Tucker, Daniel J. Healy, 
Conley, Woodward and Cotton wished to be recorded as vot- 
ing "yes". 

Rep. Huot offered an amendment. 

AMENDMENT 

Amend the bill by striking out all after section 9 and in- 
serting in place thereof the following: 

10 Appropriation, There is hereby appropriated the sum 
of one hundred fifty-three thousand six dollars for the 1975 
fiscal year representing the state's share of the cost of carrying 
out the purposes of this act. The governor is authorized to draw 
his warrant for the sums herein appropriated from the money 
in the treasury not otherwise appropriated. 

1 1 Budget. The board of trustees shall include in its budget 
submitted to the general court for all fiscal years beginning with 
the 1976 fiscal year a specific sum representing the state's sub- 



162 House Journal, 7 Mar74 

sequent appropriation for the cost of carrying out the purposes 
of this act. 

12 Effective Date. This act shall take effect July 1, 1974. 

The clerk read the amendment in full. 

Rep. Huot explained the amendment. 

Rep. Drake spoke in favor of the amendment. 

Huot amendment adopted. 

Ordered to third reading. 

RECONSIDERATION 
Rep. Coutermarsh moved reconsideration. 
Reconsideration lost. 

SUSPENSION OF RULES 

Rep. Drake moved that the rules of the House be so far 
suspended as to permit the introduction of a committee report 
not previously advertised in the calendar on HB 31, authorizing 
the public utilities commission to acquire, as agent of the state, 
such railroad properties within the state deemed to be necessary 
for continued and future railroad operation for the benefit of 
the public, and making an appropriation therefor, and to per- 
mit the bill to be taken up at the present time. 

Adopted by the necessary two-thirds. 

COMMITTEE REPORT 

HB 31 

authorizing the public utilities commission to acquire, as 
agent of the state, such railroad properties within the state 
deemed to be necessary for continued and future railroad opera- 
tion for the benefit of the public, and making an appropriation 
therefor. Ought to pass with amendment. Rep. Drake for Appro- 
priations, 

This bill authorizes the Public Utilities Commission, as 
the sole agent of the state, to acquire railroad properties 
when deemed to be in the best public interest to maintain 
the operation of any rail service in the state. 



House Journal, 7Mar74 163 

The Public Utilities Commission shall have the authority 
to sell or lease said railroad properties to private enterprise 
for the continuance of the rail service. 

The bill further provides the commission with condemna- 
tion rights pursuant to RSA 498-A, the eminent domain 
statute. 

The commission is authorized to work with Federal au- 
thorities and other states where the acquisition, operation 
and maintenance of rail service to New Hampshire is in- 
volved. 

A bond issue of eight million dollars for fiscal 1974 is re- 
quested to acquire existing available railroad properties. 

An appropriation of $26,723.00 for fiscal 1974 and a sum of 
$94,407.00 for fiscal 1975 is requested in this bill. 

AMENDMENT 

Amend the bill by striking out section 2 and inserting in 
place thereof the following: 

2 Appropriation. There is hereby appropriated the sum 
of two million dollars for the purpose of purchasing, selling or 
leasing railroad properties and for the maintenance and opera- 
tion of any railroad properties acquired pursuant to the pro- 
visions of RSA 372-A. Said appropriation shall be nonlapsing 
and may be expended by the Commission for the aforemen- 
tioned purposes only. 

Amend the bill by striking out section 3 and inserting in 
place thereof the following: 

3 Bond Issue Authorized. To provide funds for the pur- 
poses of section 2 of this act, the state treasurer is hereby au- 
thorized to borrow upon the credit of the state or to borrow 
from the federal government, or a combination of both a sum 
not exceeding two million dollars and for that purpose may 
issue bonds and notes in the name and on behalf of the state 
of New Hampshire in accordance with the provisions of RSA 
6-A. 

Amend section 5 of the bill by striking out the line "Per- 
manent $18,757.00 $54,963.00" and inserting in place there- 
of the line 



164 House Journal, 7Mar74 

(Other $18,757.00 $54,963.00) 

Rep. Drake explained the bill. 
The clerk read the amendment in full. 
Amendment adopted. 
Ordered to third reading. 

RECONSIDERATION 

Rep. Drake moved reconsideration of HB's: 

HB 1, making supplemental appropriations for expenses 
of certain departments of the state for the fiscal years ending 
June 30, 1974 and June 30, 1975 and making other budgetary 
changes. 

HB 3, relative to establishment of a food stamp program 
and making an appropriation therefor. 

HB 4, providing supplemental grants to families with de- 
pendent children and making an appropriation therefor and 
authorizing flat grant payments for categorical assistance. 

HB 17, increasing the mileage rate for all state employees 
using privately owned passenger vehicles and making an appro- 
priation therefor. 

HB 31, authorizing the public utilities commission to ac- 
quire, as agent of the state, such railroad properties within the 
state deemed to be necessary for continued and future railroad 
operation for the benefit of the public, and making an appro- 
priation therefor. 

HB 33, relative to the Winnipesaukee River Basin Control; 
and providing for continuation of the study committee on the 
water supply and pollution control commission. 

Reconsideration lost. 

COMMITTEE REPORTS CONTINUED 

HB II 

to increase the salaries of state classified employees and 
employees of the university system and providing differential 
pay to classified prison employees and correctional psychiatric 
aides at the New Hampshire state hospital and making appro- 



House Journal, 7Mar74 165 

priations therefor, Inexpendient to legislate. Rep. Drake for 
Appropriations. 

Rep. Roderick H. O'Connor moved that the words, ought 
to pass with amendment, be substituted for the committee re- 
port, inexpedient to legislate. 

AMENDMENT 

Amend the title of the bill by striking out same and in- 
serting in place thereof the following: 

AN ACT 

to increase the salaries of state classified employees and 

employees of the university system and providing differential 

pay to classified prison employees and correctional 

psychiatric aides at the New Hampshire Hospital 

and making appropriations therefor. 

Amend the bill by striking out all after the enacting clause 
and inserting in place thereof the following: 

1 Classified Salaries for Second Year of the Biennium. 
Amend RSA 99:l-a (supp) , as inserted by 1973, 377:2, by 
striking out said section and inserting in place thereof the fol- 
lowing: 

99:1 -a Salaries Established. The salary ranges for all classi- 
fied state employees, commencing June 21, 1974 shall be es- 
tablished as follows: 



Salary 


Min. 


Step 1 


Step 2 


Step 3 


Max. 


Grade 












1 


5415.02 


5541.12 


5666.44 


5792.80 


5917.34 


2 


5541.12 


5666.70 


5791.24 


5916.30 


6041.36 


3 


5666.70 


5791.24 


5915.26 


6040.06 


6165.38 


4 


5751.46 


5913.44 


6078.54 


6272.24 


6478.16 


5 


5916.04 


6122.74 


6359.60 


6596.72 


6834.10 


6 


6115.98 


6352.84 


6590.48 


6827.60 


7061.46 


7 


6377.54 


6652.36 


6927.18 


7201.74 


7476.56 


8 


6608.16 


6882.98 


7164.04 


7432.36 


7767.18 


9 


6838.00 


7113.08 


7381.64 


7662.72 


7937.54 


10 


7074.86 


7343.70 


7618.52 


7898.80 


8268.00 


11 


7299.24 


7643.48 


7988.24 


8333.00 


8677.76 


12 


7629.70 


8015.02 


8400.08 


8785.40 


9170.72 



166 



House Journal, 7Mar74 



13 


7845.76 


8276.06 


8711.82 


9144.72 


9577.88 


14 


8284.12 


8734.18 


9183.98 


9634.04 


10083.84 


15 


8685.56 


9155.52 


9619.48 


10089.04 


10555.74 


16 


8954.92 


9441.64 


9928.10 


10411.96 


10901.02 


17 


9227.66 


9733.88 


10237.24 


10740.34 


11243.96 


18 


9620.78 


10155.08 


10689.38 


11223.68 


11757.00 


19 


10014.16 


10576.54 


11141.78 


11707.02 


12269.66 


20 


10421.32 


10986.56 


11554.66 


12122.76 


12690.86 


21 


10829.00 


11399.70 


11970.40 


12538.50 


13109.00 


22 


11351.34 


12009.40 


12667.20 


13322.66 


13983.58 


23 


11871.34 


12554.62 


13238.00 


13918.58 


14604.72 


24 


12391.08 


13099.58 


13808.34 


14516.84 


15225.00 


25 


13237.12 


14004.00 


14769.56 


15534.74 


16302.00 


26 


13655.72 


14437.28 


15221.96 


16003.78 


16785.60 


27 


14074.58 


14873.04 


15671.76 


16470.22 


17271.80 


28 


14515.28 


15356.12 


16196.96 


17037.80 


17878.64 


29 


14958.84 


15839.46 


16722.16 


17602.00 


18485.48 


30 


15403.18 


16325.00 


17247.00 


18170.36 


19095.44 


31 


16471.00 


17430.14 


18391.00 


19350.76 


20312.50 


32 


17539.34 


18537.74 


19533.28 


20531.68 


21530.08 


33 


18835.44 


19934.98 


21034.52 


22131.20 


23230.74 


34 


20134.14 


21332.00 


22533.16 


23730.98 


24931.92 


2 Date Change. Amend RSA 99:3 (supp) , as amended by 


striking 


out said section and i 


inserting in 


place thereof the fol- 


lowing: 













99:3 Increase in Salary. Classified employees of the state as 
of June 21, 1974 shall be placed in the corresponding steps in 
the new salary ranges as their length of service justifies and 
their annual salaries shall be in accordance with the salary scales 
set forth in RSA 99:l-a. The provisions hereof shall not be con- 
strued as affecting so-called longevity payments which shall be 
in addition to the regular salary scale. 

3 Appropriations. There is hereby appropriated for the 
fiscal year ending June 30, 1975 for the salary increases for 
classified state employees as provided herein, the following 
sums: $2,141,689 from the general funds of the state; $1,029,277 
from highway funds; $106,886 from fish and game funds; S550,- 
267 from federal funds; and $130,639 from self-sustaining and 
toll funds. The governor is authorized to draw his warrants 
for the sums hereby appropriated. 

4 Appropriations for Temporary and Seasonal. There is 



House Journal, 7Mar74 167 

hereby appropriated for the fiscal year ending June 30, 1975 
for salary increases for temporary and seasonal employees as pro- 
vided herein, the following sums: $314,828 from the general 
funds of the state; $112,191 from highway funds; $6,840 from 
fish and game funds; $132,064 from federal funds; and $19,465 
from self-sustaining and toll funds. The governor is authorized 
to draw his warrants for the sums hereby appropriated. 

5 Appropriations for Retirement and OASI. There is 
hereby appropriated in addition to any other sums appropriated 
for retirement and OASI for fiscal year ending June 30, 1975 
the following sums: $182,043 from the general funds of the 
state; $87,488 from highway funds; $9,085 from fish and game 
funds; $46,772 from federal funds; and $11,104 from self- 
sustaining and toll funds. 

6 Appropriations for Retirement and OASI; Temporary 
and Seasonal. There is hereby appropriated for fiscal year end- 
ing June 30, 1975 for retirement and OASI for temporary and 
seasonal employees as provided herein the following sums: 
$22,037 from the general funds of the state; $8,302 from high- 
way funds; $478 from fish and game funds; $9,244 from federal 
funds; and $1,362 from self-sustaining and toll funds. 

7 University System Employees. There is hereby appropri- 
ated for fiscal year ending June 30, 1975 the sum of $1,099,280. 
The sum hereby appropriated shall be used by the trustees of 
th university of New Hampshire to increase the annual salaries 
of those employees of the university system whose salaries are 
equivalent to those within the state classified employee salary 
structure by $520, effective June 21, 1974. This appropriation 
shall not be transferred or expended for any other purpose. 
The governor is authorized to draw his warrant for this sum 
out of any money in the treasury not otherwise appropriated. 

8 Hazardous Pay for Prison Personnel and Correctional 
Psychiatric Aides. Amend RSA 99 by inserting after section 9 
the following new section: 

99:10 N. H. State Prison and State Hospital. Classified 
employees at the state prison and correctional psychiatric aides 
at the state hospital shall be paid in addition to their regular 
salary, hazardous duty pay in the amount of twenty-five dollars 
per week. 

9 Appropriation. There is hereby appropriated for the fiscal 
year ending June 30, 1975 the sum of two hundred one thou- 



168 House Journal, 7Mar74 

sand five hundred dollars for the purposes of section 8 of this 
act. The governor is authorized to draw his warrant for the 
sums hereby appropriated out of any money in the treasury 
not otherwise appropriated. 

10 Effective Date. This act shall take effect June 21, 1974. 

Rep. Arthur F. Mann moved to suspend with the reading 
of the amendment. 

Adopted. 

Rep. O'Connor spoke in favor of the motion. 

Reps. Williamson, George E. Gordon, Gerry F. Parker 
and Coutermarsh spoke in favor of the motion. 

(discussion) 

Rep. Drake spoke against the motion. 

Reps. McDonough, Rich and Fred E. Murray non-spoke 
in favor of the motion. 

Rep. Curran non-spoke against the motion. 

On a vv the Speaker was in doubt and requested a division. 

170 members having voted in the affirmative and 97 in 
the negative, the motion carried. 

O'Connor amendment adopted. 

Rep. Plumer abstained from voting under rule 16. 

Ordered to third reading. 

RECONSIDERATION 

Rep. Coutermarsh moved reconsideration on HB 11. 

Reconsideration lost. 

RESOLUTION 

Rep. George B. Roberts, Jr. moved that all bills ordered 
to third reading, be read a third time by this resolution and 
that all titles of bills be the same as adopted, and that they be 
passed at the present time, unless otherwise ordered by the 
House. 

Adopted. 



House Journal, 7Mar74 169 

Third reading and final passage 

HB 1, making supplemental appropriations for expenses of 
certain departments of the state for the fiscal years ending June 
30, 1974 and June 30, 1975 and making other budgetary 
changes. 

HB 3, relative to establishment of a food stamp program 
and making an appropriation therefor. 

HB 4, providing supplemental grants to families with de- 
pendent children and making an appropriation therefor and 
authorizing flat grant payments for categorical assistance. 

HB 11, to increase the salaries of state classified employees 
of the university system and providing differential pay to classi- 
fied prison employees and correctional psychiatric aides at the 
New Hampshire hospital and making appropriations therefor. 

HB 17, increasing the mileage rate for all state employees 
using privately owned passenger vehicles and making an appro- 
priation therefor. 

HB 31, authorizing the public utilities commission to ac- 
quire, as agent of the state, such railroad properties within the 
state deemed to be necessary for continued and future railroad 
operation for the benefit of the public and making an appro- 
priation therefor. 

HB 33, relative to the Winnipesaukee River Basin Con- 
trol; and providing for continuation of the study committee on 
the water supply and pollution control commission. 

HB 35, providing for twenty years retirement for members 
of group n under the N. H. Retirement System, permitting the 
transfer of members of the New Hampshire Firemen's Retire- 
ment System and of the New Hampshire Policemen's Retire- 
ment System into the New Hampshire Retirement System and 
making an appropriation therefor. 

RECESS 

AFTER RECESS 

SENATE MESSAGE 

INTRODUCTION OF SENATE BILLS & SJR 

First, second readino^ &: referral 

SB 3, changing the compensation of certain state law en- 



170 House Journal, 7Mar74 

forcement employees and fees of witnesses. Executive Depart- 
ments and Administration. 

SB 15, transferring permanent state prison employees from 
group I of the New Hampshire Retirement System to group II 
or from the State Employees' Retirement System to group II, 
and making an appropriation therefor. Executive Departments 
and Administration. 

SB 4, relative to penalties and forfeitures for noncompli- 
ance with sewage and waste disposal rules and regulations of the 
water supply and pollution control commission. Resources, 
Recreation and Development. 

SB 8, relative to the distribution of testate property fol- 
lowing waiver of a will by surviving spouse and relative to 
the form of notice given for termination of parental rights. Ju- 
diciary. 

SJR 1, compensating Rene Boucher for mileage while 
serving on the Committee of Voter Registration and Checklists. 
Veteran, Military Affairs and Claims. 

COMMITTEE REPORTS CONTINUED 

HB 15 

relative to redistricting the ward lines of the city of La- 
conia. Ought to pass with amendment. Rep. Hood for Laconia 
Delegation. 

Amendment changes the ward lines and referendum date. 

AMENDMENT 

Amend the bill by striking out section 1 and inserting in 
place thereof the following: 

1 Ward Lines Changed. Amend 1893, 241:2 as amended by 
1901, 200:2; 1903, 192:rand 213; and 1959, 419:1 by striking 
out said section and inserting in place thereof the following: 

SECT. 2 The said city of Laconia is hereby divided into 
six wards, which shall be constituted as follows: 

Ward No. 1 shall contain all that part included within and 
bounded by the following lines: beginning at the easterly shore 
of Lake Winnisquam at the Meredith town line; then south 



House Journal, 7 Mar74 171 

along said eastern shore to the northerly property line of prop- 
erty fronting on the north side of Sands terrace; then south 
along the easterly property lines of property fronting on the east 
side of Sands terrace and Shore drive to the southerly property 
line of property fronting on the south side of Lexington drive; 
then east along the southerly property line of property fronting 
on the south side of Lexington drive to the easterly property 
line of property fronting on the east side of Lynnewood road; 
then south along the easterly property lines of property fronting 
on the east side of Lynnewood road to an intersection with Hol- 
man street; then east to the intersection of North Main street 
and Pleasant street; then south along the center line of North 
Main street to the center of the intersection with Busiel street; 
then east from said intersection to a point equidistant between 
the east and west shores of Lake Opechee; then north along the 
center line of Lake Opechee to the northern shore of such lake 
to an unnamed brook which flows into said lake; then north 
along the center of said brook to the intersection of said brook 
at Elm street; then northeast from said point to the western 
shore of Paugus bay; then north along said western shore to 
the Weirs bridge; then north along the western shore of Lake 
Winnipesaukee to the Meredith town line; then southwest 
along said town line to the point of beginning. 

Ward No. 2 shall include all that part of said city con- 
tained within the territory as follows: starting at a point in the 
Winnipesaukee river westerly of an extension of the southern- 
most property lines of property fronting on the south side of 
Arch street; then east along said extension to the easternmost 
property line of property fronting on the east side of Union 
avenue; then north along the easterly property lines of property 
fronting on the east side of LInion avenue to the southernmost 
property line of property fronting on the south side of Winter 
street; then east along the southerly property lines of property 
on the south side of Winter street to the Gilford town line; then 
north, then west, then north along the Gilford town line to a 
line on an extension of the southernmost property lines of prop- 
erty fronting on the south side of Mechanic street; then west 
along said extension to the easterly property line of property 
fronting on the east side of Union avenue; then north across 
Mechanic street along said easterly property line to the westerly 
property lines of property fronting on the west side of Mechanic 
street; then north along said westerly property lines to the 



172 House Journal, 7Mar74 

southerly property line of property fronting on the south side 
of Clinton street; then west along the southerly property lines 
of property fronting on the south side of Clinton street to the 
Clinton street bridge; then south along the eastern shore of 
Lake Opechee to the point of beginning. 

Ward No. 3 shall include all that part of said city bounded 
as follows: beginning at the southern boundary of Ward No. 1 
and Lake Winnisquam; then south along the eastern shore of 
said lake to the Winnipesaukee river; then east and then north 
along the northern and eastern shores of the Winnipesaukee 
river to the southern boundary of Ward No. 1; then west along 
said boundary to the point of beginning, provided that Eagar 
island shall be in Ward 4. 

Ward No. 4 shall include all that part of said city bounded 
as follows: beginning at the Belmont town line and Lake Win- 
nisquam; then east along said town line to the Gilford town 
line; then north and then west along the Gilford town line to 
the point where the Gilford town line follows a northerly 
course; then southwest to the northern property line of prop- 
erty fronting on the north side of Province road; then northwest 
along the northern property line of property fronting on the 
north side of Province road to the intersection with the eastern 
property line of property fronting on the east side of South 
Main street; then north along said eastern property line to the 
southern boundary of Ward No. 3 at the Winnipesaukee river; 
then west along said southern boundary to the mouth of said 
river; then southwest along the eastern shore of Lake Winni- 
squam to the point of beginning. 

Ward No. 5 shall include all that part of said city lying 
southerly and easterly of Ward No. 2 not embraced in said 
ward, that part to the north of Ward No. 4 and to the east of 
Ward No. .3 and bounded on the east by the Gilford town line. 

Ward No. 6 shall include all that part of said city to the 
north and east of Ward No. 2 and east of Ward No. 1 not em- 
braced in said wards. 

Amend the bill by striking out sections 6 and 7 and in- 
serting in place thereof the following: 

6 Special Ballot. The Laconia city council shall authorize 
the city clerk to prepare a separate ballot to be used at the regu- 



House Journal, 7Mar74 173 

lar biennial election to be held in November, 1974, for the 
referendum provided in section 7 of this act. 

7 Referendum. This act shall not take effect unless it is 
adopted by a majority vote at the regular biennial election to 
be held in the city of Laconia in November, 1974. The city 
clerk then in office shall cause to be placed on a separate ballot 
the following question: "Shall the provisions of 'An Act relative 
to redistricting the ward lines of the city of Laconia' passed by 
the 1974 special session of the general court be adopted?" Said 
question shall be printed in the form prescribed by RSA 59: 
12-a. If a majority of those voting on the question vote in the 
affirmative, this act shall be declared to have been adopted. 
The city clerk shall, within ten days after said election, certify 
the result of the vote on the above question to the secretary of 
state. 

Amendment adopted. 

Ordered to third reading. 

HCR 3 

relative to the protection of the New Hampshire Fishing 
Industry. Ought to pass. Rep. Tirrell for Fish and Game. 

Unanimous approval by the committee. 

Ordered to third reading. 

HCR 2 

establishing a joint committee to study the railroad condi- 
tions and related matters in the state of New Hampshire. Ought 
to pass. Rep. Chase for Statutory Revision. 

The ad hoc committee has accumulated information that 
should be supplemented by further studies that will result 
in recommendations for future legislation. 

Ordered to third reading. 

The Speaker requested a quorum count, 

261 members having answered the count, a quorum was 
declared present. 

COMMUNICATION 

At the regular meeting of the Hampstead Board of Select- 



174 House Journal, 7 Mar74 

men, held on March 2, 1974, the following resolution was 
adopted: 

In recognition of 27 years of faithful and sincere service 
to the Town of Hampstead as Selectman and with powers 
granted this Board under the Laws of the State of New Hamp- 
shire, we hereby appoint the Honorable Doris M. Spollett as 
Honorary Chairman of the Hampstead Board of Selectmen. 

Charles W. Lindquist, Jr. 

Laurence C. Cornwell 

COMMITTEE REPORTS CONTINUED 

KB 34 

relative to energy facility evaluation, siting, construction 
and operations and providing for a tax on refined petroleum 
products. 

1. Uanimous report: The committee moves that the bill 
be divided as follows: Division 1, Sections 1, 2 and 3 of the bill 
with an effective date. Division 2, Section 4 of the bill with an 
effective date. 

2. On Division 1 — Majority: Ought to pass with amend- 
ment. Rep. Greene for Environment and Agriculture. Minority: 
Ought to pass with further amendment (Reps. Read, MacGreg- 
or, and Curran) . 

Majority: Basically the original analysis is an accurate de- 
scription of the amended bill and further clarifies details of it. 
Broadly speaking all concerned parties are in agreement with 
the amended version with one exception. This will be consid- 
ered in a further amendment to be offered from the floor. 

Minority: To show that the Legislature desires to allow the 
decision on the location of an oil refinery to be made by the 
Energy Facility Evaluation Committee rather than by local 
ordinance or regulation. 

The amendment also increases the size of the Energy Fa- 
cility Committee by adding the Chairman of the Board of 
Selectmen or the Mayor; and the Chairman of the Zoning Board 
of the town or city where the major portion of the refinery is 
proposed to be located. 

3. On Division 2 Report of the committee as recommended 
by Ways and Means Committee: 



House Journal, 7Mar74 175 

A. That Division 2 be referred to the Ways and Means 
Committee of the House for interim study and report to the 
1975 session of the Legislature. 

B. That Division 2 be referred to the Supreme Court for 
an advisory opinion as to the constitutionality thereof. 

C. That the resolution referring the same to the Supreme 
Court be adopted. 

Reps. Ruel and Kashulines withdrew from the minority 
report. 

AMENDMENT 

Amendment to Division 1 of the bill: 

Amend the bill by striking out section 3 and inserting in 
place thereof the following: 

3 New Chapter. Amend RSA by inserting after chapter 
162-G the following new chapter: 

Chapter 162-H 

Energy Facility Evaluation, 

Siting, Construction and Operations 

162-H: 1 Declaration of Purpose. The legislature recog- 
nizes that the selection of sites for energy facilities will have a 
significant impact upon the welfare of the population, the 
economic growth of the state and the environment of the state. 
The legislature, accordingly, finds that the public interest re- 
quires that it is essential to maintain a balance between the 
environment and the possible need for new energy facilities in 
New Hampshire; that undue delay in construction of any 
needed facilities be avoided; that the state insure that the con- 
struction and operation of energy facilities is treated as a signifi- 
cant aspect of land-use planning in ^vhich all environmental, 
economic and technical issues are resolved in an integrated 
fashion; and that existing laws do not provide adequate public 
review and control over the construction and operation of 
energy facilities. The legislature, therefore, hereby establishes 
a procedure for the review, approval, monitoring and enforce- 
ment of compliance in the planning, siting, construction and 
operation of energy facilities. 

162-H: 2 Definitions. 



176 House Journal, 7Mar74 

I. "Commencement of construction" means any clearing 
of the land, excavation or other substantial action that would 
adversely affect the natural environment of the site of the pro- 
posed energy facility, but does not include land surveying, 
optioning or acquiring land or rights in land, changes desirable 
for the temporary use of the land for public recreational uses, 
or necessary borings to determine foundation conditions or 
other preconstruction monitoring to establish background in- 
formation related to the suitability of the site or to the pro- 
tection of environmental use and values. 

II. "Committee" means the energy facility evaluation 
committee established by this chapter. 

III. "Energy" means power derived from a natural resource, 
including, but not limited to, oil, coal, and gas. 

IV. "Energy facility" means any industrial structure, other 
than bulk power supply facilities as defined in RSA 162-F:2, 
that may be used substantially to extract, manufacture, or re- 
fine sources of energy, and means also such ancillary facilities as 
may be used or useful in transporting, storing, or otherwise 
providing for the raw materials or products of any such indus- 
trial structure; without limiting the generality of the foregoing, 
such industrial structures include oil refineries, plants for proc- 
essing liquefied natural gas, and plants for coal conversion; 
further without limiting the generality of the foregoing, such 
ancillary facilities include onshore and offshore loading and un- 
loading facilities, pipelines, and storage tanks. 

V. "Person" means any individual, group, firm, partner- 
ship, corporation, cooperative, municipality, political subdivi- 
sion, government agency or other organization. 

162-H:3 Energy Facility Evaluation Committee. The en- 
ergy facility evaluation committee shall consist of the mem- 
bers of the bulk power supply facility site evaluation committee 
established by RSA 162-F:3. 

162-H:4 State Permits. 

I. No person may commence construction or operation 
of an energy facility in this state without a permit from the 
energy facility evaluation committee. 

II. The committee shall incorporate in any permit issued 



House Journal, 7Mar74 177 

hereunder such terms and conditions as may be specified to 
the committee by any of such other state agencies as have juris- 
diction, under state or federal law, to regulate any aspect of 
the construction or operation of the proposed facility; pro- 
vided, however, the committee shall not issue any permit here- 
under if any of such other state agencies denies authorization 
for the proposed activity over which it has jurisdiction. The 
denial of any such authorization shall be based on the record 
and explained in reasonable detail by the denying agency. Not- 
withstanding any other provision of law, the application re- 
quired by RSA 162-H:6 shall be in lieu of all applications other- 
wise requirable by any of such other state agencies. Further 
notwithstanding any other provision of law, the hearings con- 
ducted under RSA 162-H:8 shall be joint hearings with such 
other state agencies and shall be in lieu of all hearings other- 
wise requirable by any of such other state agencies; provided, 
however, if any of such other state agencies does not otherwise 
have authority to conduct hearings, it may not join in hearings 
under this chapter; provided further, however, the ability or 
inability of any of such other state agencies so to join shall not 
affect the composition of the committee under RSA 162-H:3 
nor the ability of any member of the committee to act in accor- 
dance with this chapter. Subject to RSA I62-H:6, III, but not- 
withstanding any other provision of law, each of such other 
state agencies shall make and submit to the committee a final 
decision on such parts of the application as relate to its juris- 
diction not later than five months after it has received a copy 
of such parts in accordance with RSA 162-H:6, I. Notwith- 
standing any other provision of this section or this chapter, 
each of such other state agencies shall retain all of its powers 
and duties of enforcement. 

162-H:5 Powers of the Committee. 

I. The committee shall hold hearings as required by this 
chapter and such additional hearings as it deems necessary and 
appropriate. 

II. The committee shall have the authority and responsi- 
bility for: 

(a) The issuance of any permit hereunder; 

(b) The determination of the terms and conditions of any 
permit issued hereunder, subject to RSA 162-H:4; 



178 House Journal, 7Mar74 

(c) The monitoring of the construction and operation of 
any energy facility granted a permit hereunder; and 

(d) The enforcement of the terms and conditions of any 
permit issued hereunder. 

III. Tlie committee may delegate the authority to monitor 
the construction or operation of any energy facility granted a 
permit hereunder to such state agency or official represented on 
the committee as it deems appropriate, but, subject to RSA 162- 
H:4, it may not delegate the authority to hold hearings, issue 
permits, determine the terms and conditions of a permit or to 
enforce a permit. An authorized representative or delegate of 
the committee shall have a right of entry onto the premises of 
any part of the energy facility to ascertain if the facility is be- 
ing constructed or operated in continuing compliance with the 
terms and conditions of the permit. During normal hours of 
business administration and on the premises of the facility, such 
a representative or delegate shall also have a right to inspect 
those records of the permit-holder that are relevant to the terms 
or conditions of the permit. 

162-H:6 Application for Permit. 

I. Each application hereunder shall contain sufficient in- 
formation to satisfy the application requirements of each of 
such other state agencies as have jurisdiction, under state or 
federal law, to regulate any aspect of the construction or opera- 
tion of the proposed facility. Upon receipt of an application, 
the committee shall immediately make copies thereof, the cost 
of which making shall be borne by the applicant, and shall im- 
mediately forward to each of such other state agencies a copy 
of such parts of the application as are relevant to its jurisdic- 
tion. Upon receipt of such a copy, each of such other state 
agencies shall immediately conduct a preliminary review there- 
of to ascertain if the application contains sufficient information 
for its purposes. If the application doees not contain sufficient 
information for the purposes of any such other state agencies, 
that agency shall, in writing, immediately notify the committee 
of that fact and specify what information the applicant must 
supply; thereupon the committee shall provide the applicant 
with a copy of such notification and specification. Notwith- 
standing any other provision of la^v, for purposes of the time 
limitations imposed by RSA 162-H:10 on the committee and 



House Journal, 7Mar74 179 

by RSA 162-H:4 on such other state agencies, any application 
made hereunder shall be deemed not received either by the 
committee or by any of such other state agencies if the applicant 
is seasonably notified that it has not supplied sufficient informa- 
tion for any of such other state agencies in accordance with this 
subsection. 

II. An application hereunder shall also: 

(a) Describe in reasonable detail the type and size of each 
major part of the proposed facility; 

(b) Identify both the first choice and any other choice for 
the site of each major part of the proposed facility; 

(c) Describe in reasonable detail the impact of each ma- 
jor part of the proposed facility on the environment of each 
site proposed, whether as first choice or as other choice, for 
such part; 

(d) Describe in reasonable detail the applicant's propo- 
sals for studying and solving environmental problems; 

(e) Describe in reasonable detail the applicant's financial, 
technical, and managerial capability for construction and op- 
eration of the proposed facility; 

(f) Provide such additional information as the committee 
may require to carry out the purposes of this chapter. 

Upon receipt of such an application, the committee shall 
immediately conduct a preliminary review thereof to ascertain 
if it contains sufficient information in accordance with this 
subsection. If the application does not contain such sufficient 
information, the committee shall, in writing, immediately no- 
tify the applicant of that fact and specify what information the 
applicant must supply. Notwithstanding any other provision of 
law, for purposes of the time limitations imposed by RSA 162- 
H:10 on the committee and by RSA 162-H:4 on other state 
agencies, an application made hereunder shall be deemed not 
received either by the committee or by any of such other state 
agencies, if the applicant is seasonably notified that it has not 
supplied sufficient information in accordance with this sub- 
section. 

III. An application hereunder, in any of its aspects, may 
be reasonably modified before and during the period of hear- 



180 House Journal, 7Mar74 

ings with the consent of the committee; provided, however, if 
any of such other state agencies as have jurisdiction, under 
state or federal law, to regulate the subject matter of such 
modification has already made a decision in accordance with 
RSA 162-H:4, it may alter such decision in reasonable response 
to such modification; provided further, however, if to allow 
reasonable inquiry into such modification, the committee or 
any of such other state agencies needs time in addition to that 
provided for it by this chapter, it may take as much additional 
time as is necessary, but no more additional time than is neces- 
sary, to allow such reasonable inquiry. 

162-H:7 Disclosure of Ownership. Any application for a 
permit shall be signed and sworn to by the person or executive 
officer of the association or corporation making such applica- 
tion and shall contain the following information: 

I. Full name and address of the person, association or cor- 
poration; 

II. If an association, the names and residences of the mem- 
bers of the association; 

III. If a corporation, the name of the state under which 
it is incorporated with its principal place of business and the 
names and addresses of its directors, officers and stockholders; 

IV. The location or locations where a client is to conduct 
his business; 

V. A statement of assets and liabilities of the applicant and 
other relevant financial information of such applicant; 

VI. Within four months after the close of each fiscal year 
of the applicant, it shall file with the committee a statement 
either that there has been no substantial change in any of the 
information in the application or a description of any such 
changes as have occurred. 

162-H:8 Public Hearing; Rules. Upon receipt of an applica- 
tion for a permit, pursuant to RSA 162-H:6, the committee 
shall hold a public hearing in the county in which the principal 
part of proposed facility, which part shall be determined by the 
committee, is to be located within sixty days and shall publish 
a public notice not less than t^venty-one days before said hearing 
in each newspaper having a general circulation in the affected 
area describing the location of the proposed facilities. 



House Journal, 7Mar74 181 

I. The initial session of the hearing within such county 
shall be for public information on the proposed facilities with 
the applicant presenting the information to the committee and 
to the public and with only committee members asking ques- 
tions for clarification on the development. Subsequent sessions 
of the hearing shall be in the nature of adversary proceedings. 
Every fourth subsequent session shall be held in such county, 
and all other hearings may be held in Concord, New Hamp- 
shire, provided there is adequate notice on the time and place 
of the hearing. The committee shall consider and weigh all 
evidence presented at the public hearings and any other material 
ancillary thereto. 

II. The committee shall grant free access to records and 
reports in its files to members of the public during normal 
working hours and shall permit copies of such records and re- 
ports to be made by interested members of the public at their 
expense. 

III. The committee may require such information from 
the applicant and state agencies and officials as it deems neces- 
sary to assist it in the conduct of hearings and in making any 
investigation or studies it may undertake and in the deter- 
mination of the terms and conditions of any permit under 
consideration. The committee shall also conduct such reason- 
able studies and investigations as it deems necessary or appropri- 
ate to carry out the purposes of this chapter and may employ 
consultants, legal counsel and other staff in furtherance of the 
duties imposed by this chapter, the cost of which shall be borne 
by the applicant in such amount as may be approved by the 
committee. 

IV. The committee shall issue rules and regulations as may 
from time to time be required to carry out the provisions of 
this chapter. 

I62-H:9 Findings. 

I. In order for the committee to issue a permit hereunder 
it must find the following: 

(a) the proposed site and facility will not unduly interfere 
with the orderly development of the region and will not have 
an unreasonably adverse impact on aesthetics, historic sites, 
air and water quality, the natural environment and the public 
health and safety; and 



182 House Journal, 7Mar74 

(b) the applicant has adequate financial, technical, and 
managerial capability to assure construction and operation of 
the facility in continuing compliance with the terms and con- 
ditions of the permit. 

II. Findings by the committee shall be based on the record 
and shall be made by a majority vote of the full committee, 
whether or not the full committee is present for voting. 

III. In the consideration of applications for permits, the 
committee shall fully review and consider all environmental 
values and other relevant factors bearing on whether the ob- 
jectives of this chapter would be best served by the issuance of 
the permit. The committee may consult with interested regional 
agencies and agencies of border states in the issuance of such 
permits. 

162-H:10 Permit Deadline. Subpect to RSA 162-H:6, III, 
a permit shall either be issued or denied by the committee with- 
in t^vclve months of the date of its receipt of the application and 
may contain such reasonable terms and conditions as it deems 
necessary and may provide for such reasonable monitoring pro- 
cedures as may be necessary. Such determinations, when made, 
shall be final and in writing and subject only to the provisions 
of this chapter. 

162-H: 1 1 Counsel for the Public. 

I. After the committee has recived an application, in ac- 
cordance Avith RSA 162-H:6, the attorney general shall appoint 
an assistant attorney general as a counsel for the public. The 
counsel shall represent the public in seeking to protect the qual- 
ity of the environment and in seeking to assure an adequate 
supply of energy. The counsel shall be accorded all the rights, 
privileges, and responsibilities of an attorney representing a 
party in a formal action. 

II. This section shall not be construed to prevent any person 
from being heard or represented by counsel; provided, however, 
the committee shall have the right to compel consolidation of 
representation for such persons as have, in the committee's rea- 
sonable judgment, substantially identical interests. 

162-H: 12 Judicial Review. Decisions of the energy facility 
evaluation committee shall be reviewed pursuant to RSA 541. 

162-H: 18 Enforcement. 



House Journal, 7Mar74 18j 

I. Whenever the committee determines that any term or 
condition of any permit issued hereunder is being violated, it 
shall, in writing, notify the person holding such permit of the 
specific violation and order such person immediately to termi- 
nate such violation. If, fifteen days after receipt of such order, 
such person has failed or neglected to terminate such violation, 
the committee may suspend such person's permit; provided, 
however, except for emergencies, prior to any such suspension, 
the committee shall give written notice of its consideration of 
suspension and of its reasons therefor and shall provide oppor- 
tunity for a prompt hearing thereon. 

II. The committee may suspend a person's permit if the 
committee determines that such person has made a material 
misrepresentation in its application or in the supplemental or 
additional statements of fact or studies required of the appli- 
cant, or if the committee determines that such person has vio- 
lated the provisions of this chapter or regulations issued here- 
under; provided, however, except for emergencies, prior to any 
such suspension, the committee shall give written notice of its 
consideration of suspension and of its reasons therefor and shall 
provide opportunity for a prompt hearing thereon. 

III. The committee may revoke any permit that is sus- 
pended hereunder after the person holding such suspended 
permit has been given at least ninety days' written notice of the 
committee's consideration of revocation and of its reasons there- 
for and has been provided opportunity for a full hearing there- 
on. 

162-H:14 Penalties. 

I. The superior court in term time or in vacation may 
enjoin any act in violation of this chapter. 

II. Any construction or operation of energy facilities in 
violation of this chapter, or in material violation of the terms 
of a permit issued hereunder, may result in an assessment by 
the superior court of civil damages not to exceed ten thousand 
dollars for each day of such violation. 

III. Whoever commits any wilful violation of any provi- 
sion of this chapter shall be guilty of a misdemeanor if a nat- 
ural person, or guilty of a felony if any other person. 

162-H:15 Separability. If any provision or clause of this 



184 House Journal, 7Mar74 

chapter, or application thereof to any person or circumstances, 
is held invalid, such invalidity shall not affect other provisions 
or applications of the chapter which can be given effect without 
the invalid provisions or application, and to this end, the pro- 
visions of this chapter are declared to be severable. Each sec- 
tion of this chapter shall be separable from all other sections 
hereof and the nullification of any section of this chapter shall 
have no effect upon the remaining sections of this chapter. 

162-H:16 Records. Complete verbatim records shall be 
kept by the committee of all hearings, and records of all other 
actions, proceedings and correspondence of the committee shall 
be maintained, all of which records shall be open to public 
inspection as provided for under RSA 91-A. 

4 Effective Date. This act shall take effect upon its passage. 

Rep. Greene moved that HB 34 be divided as follows: 
Division I, Sections 1, 2 and 3 of the bill with an effective date. 
Division 2, Section 4 of the bill with an effective date. 

(Deputy Speaker in the Chair) 

Rep. Greene explained the majority committee amend- 
ment. 

(discussion) 

Reps. Read and George B. Roberts, Jr. spoke in favor of 
the majority committee amendment. 

Majority committee amendment adopted. 

Question being on the adoption of the minority report, 
ought to pass with further amendment. 

(discussion) 

Reps. Greene, Chase, George B. Roberts, Jr., Sayer, Parr, 
Dudley, Colburn, Twigg, Hanson, H. Gwendolyn Jones, James 
E. O'Neil, Spirou, Hammond, Benton and Paul McEachern 
spoke against the minority report. 

Reps. Elizabeth E. Goff, Curran, Taber, Elmer L. Johnson, 
Gorman, and Deoss non-spoke in favor of the minority amend- 
ment. 

Reps. Underwood, Cecelia L. Winn, LaRoche, Rogers, 



House Journal, 7Mar74 185 

Meserve, Junkins, Page, Call, Gillmore and Cotton non-spoke 
against the minority amendment. 

Reps. Richard L. Bradley, Currier, Tony Smith, Altman, 
George I. Wiggins and Stevenson spoke in favor of the minority 
amendment. 

Rep. Migneaiilt wished to be recorded in favor of the mi- 
nority amendment. 

Rep. Harold E. Thompson wished to be recorded against 
the minority amendment. 

Question on the adoption of the minority amendment. 

A division was requested. 

121 members having voted in the affirmative and 209 in 
the negative, the minority amendment lost. 

Rep. Mabel L. Richardson requested a roll call. 

Reps. Doris L. Thompson, Joseph L. Cote, T. Anne Web- 
ster, Parr and James W. Murray withdrew their second. 

Reps. George E. Gordon, Metcalf, Sweeney, Lebel, Pryor 
and Curran seconded request for roll call. 

Question on the adoption of the minority report, ought to 
pass with further amendment. 

ROLL CALL 

YEAS: 109 NAYS: 233 

YEAS 

Coos County: 

Metcalf, Bushey, Richardson, Mabel L., Kidder, Victor L., 
Fortier, Valliere, Brungot, Gagnon, Rebecca. 

Grafton County: 

Curran, Stevenson, Fimlaid, Bradley, Richard L., Clark, 
Jones, Anthony K., Anderson, Fayne E., Altman, Buckman, 
Harrison, Krainak, Duhaime, Eaton, Myrl R. 

Hillsborough County: 

Perkins, Arnold B., Nelson, Bragdon, Brown, G. Win- 
throp, Spalding, Kenneth W., Dwyer, Geiger, Bednar, Currier, 
Seamans, Rock, Cobleigh, Record, Belcourt, Charest, Des- 



186 House Journal, 7 Mar74 

marais, Lachance, Wilcox, Coutermarsh, Lebel, Ackerson, Mur- 
phy, Briiton, Cote, Joseph L., Cullity, Barrett, William F., 
Healy, Daniel J., McDonough, Clancy, Drewniak, Sullivan, 
Mary J,, Beaulieu, Gelinas, Taber, Healy, George T., Mac- 
Donald, Thibeault, P. Robert, Burke, O'Connor, Timothy K., 
Lynch, Sweeney, Lamy, Levasseur, Bernier, Knight. 

Merrimack County: 

Chandler, Deoss, Boucher, Laurent J., Enright, Rice, 
Gamache, Gordon, George E., Plourde, Mattice, Thompson, 
Doris L., Wiggin, Elmer S., Fisher, 

Rockingham County: 

Soule, Thibeault, George J., Gorman, MacGregor, Read, 
Senter, DeCesare, Goff, Elizabeth E,, Schwaner, Simard, Dame. 

Strafford County: 

Dawson, Colby, Joncas, Chasse, Peter N., Tanner, Don- 
nelly, Kincaid, Peabody. 

Sullivan County: 
Rousseau, 

Belknap County: 

Lawton, Murray, James W, 

Carroll County: 

Howard, Donalda K., Davis, Dorothy W., Webster, T, 
Anne. 

Cheshire County: 

Slicer, Whipple, McGinness, Savage, Forcier, Streeter. 

NAYS 

Coos County: 

Huggins, Hunt, Drake, Burns, Oleson, Theriault, Pryor, 

Grafton County: 

Gallen, Tilton, Mann, Ezra B., Gemmill, Bell, Webb, 
Bradley, David J,, Chambers, Copenhaver, Nutt, Hough, Sy- 
mons, Townsend, Madeline G. 

Hillsborough County: 

Eaton, Joseph M,, Humphrey, Howard S,, Withington, 
Mann, Arthur F,, Murray, Fred E., Eaton, Clyde S., Heald, 
Philip C, Warren, E, George, Colburn, Archambault, Orcutt, 



House Journal, 7Mar74 187 

Roy, Antonio J., Harvell, Van Loan, Ferguson, Langdell, Boyd, 
Hall, Carswell, Lyons, Alukonis, Bergeron, Nutting, Polak, 
Smith, Leonard A., Richardson, John W., Ethier, McLaughlin, 
Parker, Gerry F., Zechel, Woodruff, Cote, Margaret S., Winn, 
John T., Winn, Cecelia L,, Gabriel, Lefebvre, McGlynn, Au- 
but, Boisvert, Mason, Ouellette, Sullivan, David T., Erickson, 
Daniels, Milne, Horan, Nardi, Smith, Craig D., Spirou, Shea, 
Dupont, Gardner, O'Neil, Dorthea M., D'AUesandro, Gillmore, 
Lemire, Armand R., Normand. 

Merrimack County: 

Kidder, William L., Thompson, Arthur E., Sherman, Big- 
elow, Parker, Harry C, Hanson, Bartlett, Perkins, John B., 
Cushman, Kopperl, Humphrey, James A., Daniell, Piper, Cate, 
Haller, Andersen, Chris K., Davis, Alice, McLane, Newell, 
Jones, H. Gwendolyn, Rich, Underwood, Harriman, Wilson, 
Ralph W., Howard, C. Edwin, Woodward, Hager, Noble. 

Rockingham County: 

King, Stimmell, Benton, Davis, Roy W., Boucher, William 
P., Kashulines, Skinner, Barka, Belair, Campbell, Lemay, Roy, 
Roy, Vesta M., Sayer, Southwick, Stevens, William J., Sununu, 
Spollett, Webster, Clarence L., White, Cummings, Erler, Good- 
rich, Hoar, Sanborn, Tavitian, Rogers, Hamel, Akerman, Casas- 
sa, Cunningham, Parr, Smith, Tony, Brown, Benjamin A., Colli- 
shaw, Eastman, Junkins, Page, Twardus, Stevens, Elliot A., 
Ellis, Weeks, Greene, Hammond, Lockhart, Maynard, Palfrey, 
Griffin, Splaine, Cotton, McEachern, Joseph A., Call, Connors, 
Hodgdon, Keefe, McEachern, Paul. 

Strafford County: 

Harvey, Rowell, Beckett, Dudley, Plumer, Tirrell, Bou- 
chard, Maloomian, Hebert, Meserve, Ineson, Thompson, 
Barbara C, Ruel, Winkley, LaRoche, Preston, Boisse, Leighton, 
Bernard, O'Connor, Roderick H., Parnagian, McManus, Pray. 

Sullivan County: 

Townsend, Sara M., Barrus, Spaulding, Roma A., Tucker, 
Brodeur, Burrows, D'Amante, Lewko, Scott, Frizzell, Olden, 
Williamson. 

Belknap County: 

French, Matheson, Marsh, Nighswander, Wuelper, Bowler, 
Roberts, Charles B., Roberts, George B., Twigg, Huot, Hil- 
dreth. Pierce, Randlett, Sabbow, Maguire. 



188 House Journal, 7Mar74 

Carroll County: 

Duprey, Conley, Chase, Claflin, Allen. 
Cheshire County: 

Galloway, Johnson, Edward A., Stevens, Anthony, O'Neil, 
James E., Ladd, Dunham, Marshala, Gordon, Anne B., Yard- 
ley, Milbank, Turner, Raymond, Ames, Cooke, Close, Nims, 
Drew, Scranton. 

Rep. Scamman abstamed under Rule 16. 

PAIRS 

Rep. Elmer Johnson voting yes; Rep. Donald Jones voting 
no. 

Rep. George Wiggins voting yes; Rep. Roger Warren vot- 
ing no. 
and the minority amendment lost. 

Division 1 of HB 34 ordered to third reading. 

Question being on report on Division 2 of HB 34. 

(a) Refer to Ways and Means Committee for interim study. 

(b) Refer to Supreme Court for advisory opinion. 

(c) Adopt referral resolution. 

Reps. Gerry F. Parker and Nutt spoke in favor of referring 
to Supreme Court for constitutionality and legality. 

Rep. George B. Roberts, Jr. spoke in favor of referring to 
Supreme Court. 

(discussion) 
Rep. Sayer explained the committee report. 
Question on Division 2 of HB 34. 
Division 2 adopted. 
Rep. Newell offered an amendment. 
AMENDMENT 
Amend the title of the bill by striking out same and in- 
serting in place thereof the following: 

An Act 
relative to energy facility evaluation, siting, 
construction and operation. 
The clerk read the amendment in full. 
Reps. George B. Roberts, Jr., James E. O'Neil and Sayer 
spoke against the Newell amendment. 
Newell amendment lost. 



House Journal, 7Mar74 189 

Report on Division 2 of HB 34 adopted. 

SUSPENSION OF RULES 

Rep. Drake moved that the rules of the House be so far 
suspended as to permit introduction of a committee report not 
previously advertised in the calendar on HB 5, relative to the 
office of energy administrator, and to permit the bill to be taken 
up at the present time. 

Adopted by the necessary two-thirds. 

COMMITTEE REPORT CONTINUED 

HB 5 

relative to the office of energy administrator. Ought to pass 
with amendment. Rep. Drake for Appropriations. 

AMENDMENT 

Amend the bill by striking out all after section 5 and in- 
serting in place thereof the following: 

6 Additional Duties of the Administrator. Amend RSA 339 
by inserting after section 41 the following new section. 

339:4 1-a Protection of Retail Dealers; Report. The energy 
administrator shall further be responsible for developing pro- 
tective measures and general assistance for the defense of the 
rights of New Hampshire gasoline station operators and retail 
fuel oil distributors from their suppliers. 

Within thirty days of the convening of any regular or spe- 
cial session of the legislature, he shall issue a report with his 
recommendations for changes or additions to the state laws for 
the purpose of accomplishing the objectives of this statute. 

7 Appropriation. There is hereby appropriated for the bi- 
ennium ending June 30, 1975 the sum of five thousand dollars 
to be expended by the energy administrator to carry out the ob- 
jectives and purposes of RSA 339:41-a. The governor is author- 
ized to draw his warrant for said sum out of any money in the 
treasury not otherwise appropriated. 

8 Effective Date. This act shall take effect upon its passage. 
The clerk read the amendment in full. 



190 House Journal, 7Mar74 

Rep. Huot explained the committee report. 

(discussion) 
Rep. Raymond spoke against the report. 
Rep. Daniell spoke in favor of the report. 
Amendment adopted. 
Ordered to third reading. 

(Speaker in tlie Chair) 

HB 18 

requiring local approval prior to approval of site plans for 
oil refineries. Majority: Ought to pass with amendment. 

Rep. Sununu for Municipal and County Government. 

Minority: Ought to pass with amendment. (Reps. Timo- 
thy K. O'Connor and Burke) 

Majority: The committee was of the opinion that those mu- 
nicipalities operating under a zoning ordinance, such as 
Durham and Rye, already had adequate authority on de- 
ciding the question of the establishment of an oil refinery. 
The bill as amended is applicable only to those munici- 
palities without a zoning ordinance. 

The com.mittee was unanimously in favor of an oil refinery 
to be located in New Hampshire, but only Tvith the ap- 
proval of the local population. 

Minority: Felt that the addition of local officials to the Site 
Evaluation Committee would provide adequate representa- 
tion for the municipality. The issuance of a "construction 
certificate" would override any municipal ordinance. 

Minority report withdrawn. 

AMENDMENT 

Amend RSA 162-F:l-b as inserted by section 1 of the bill 
by striking out same and inserting in place thereof the following: 

162-F:l-b Approval by Towns. A site plan for an oil re- 
finery shall not be approved and an oil refinery shall not be 
located in any town which does not have a zoning ordinance 
in effect without a vote of approval of a majority of the voters 



House Journal, 7Mar74 191 

present and voting on the question at an annual or special town 
meeting called for such purpose. 

Amend the introductory paragraph of RSA 162-F:l-c as 
inserted by section 1 of the bill by striking out same and insert- 
ing in place thereof the following: 

A site plan for an oil refinery shall not be approved and 
an oil refinery shall not be located in any city which does not 
have a zoning ordinance in effect without a vote of approval 
as hereafter provided: 

Rep. Harold E. Thompson wished to be recorded in favor 
of the majority report. 

Amendment adopted. 

Ordered to third reading. 

HB 32 

relative to the commission and taxes on pari-mutuel pools 
at dog tracks. Ought to pass with amendment. Rep. Sayer for 
Ways and Means. 

The amendment provides for 1/8 of 1% to be expended 
for promotion of agriculture and 1/8 of 1% to be ex- 
pended for physical improvements at agriculture fairs. 

The tax portion is revised and will be explained by the 
committee. 

To become effective on passage. 

AMENDMENT 

Amend the bill by striking out all after section 1 and in- 
serting in place thereof the following: 

2 Changing the Tax Rates Applicable to Dog Racing. 
Amend RSA 284:23, Il-a, (supp) , as inserted by 197'l, 541:12, 
by striking out said paragraph and inserting in place thereof 
the following: 

H-a. Each person, association or corporation licensed to 
conduct a dog race or dog race meet under this chapter shall 
pay to the state treasurer a sum equal to six percent of so much 
of the total contributions to all pari-mutuel pools conducted or 
made at any dog race or dog race meet licensed hereunder as 



192 House Journal, 7Mar74 

does not exceed one hundred thousand dollars, seven percent 
of so much thereof as exceeds one hundred thousand dollars but 
does not exceed two hundred thousand dollars, nine percent of 
so much thereof as exceeds two hundred thousand dollars but 
does not exceed three hundred thousand dollars, and ten per- 
cent of all such contributions exceeding three hundred thousand 
dollars. Of the amount so paid to the state treasurer a sum equal 
to one-eighth of one percent of said total contributions shall be 
expended for the promotion of agriculture in the state and one- 
eighth of one percent of said total contributions shall be ex- 
pended for physical improvements at agricultural fairs, under 
the direction of the commissioner of agriculture, and the bal- 
ance shall be distributed in accordance with the provisions of 
section 2 of this chapter. 

3 Agriculture Promotion Distribution. Amend RSA 284:23, 
Ill-a, as inserted by 1959, 181:4, by striking out said paragraph 
and inserting in place thereof the following: 

Ill-a Notwithstanding any other provisions of this chapter 
the total amount to be expended for the promotion of agricul- 
ture as a distribution to agricultural fairs shall not exceed the 
sum of two hundred twenty-five thousand dollars in any one 
year. Whenever the one-fourth of one percent of the total con- 
tributions to all pari-mutuel pools conducted at any running 
horse race or running horse meet and conducted at any harness 
horse race or harness horse race meet, which under the pro- 
visions of paragraph I and II of this section are to be expended 
for the promotion of agriculture shall exceed one hundred fifty 
thousand dollars in any one year, said excess shall be paid into 
the general funds of the state. Whenever the one-eighth of one 
percent of the total contributions to all pari-mutuel pools con- 
ducted at any dog race or dog race meet, which under the pro- 
visions of paragraph Il-a of this section are to be expended for 
the promotion of agriculture, shall exceed seventy-five thousand 
dollars in any one year, the excess shall be paid into the general 
funds of the state. 

4 Agricultural Fair Improvement Expenditure Limits. 
Amend RSA 284:23, as amended, by inserting after paragraph 
Ill-a the following new paragraph: 

Ill-b Notwithstanding any other provisions of this chapter, 
the total amount to be expended for physical improvements at 



House Journal, 7Mar74 193 

agricultural fairs shall not exceed the sum of seventy-five thou- 
sand dollars in any one year. Whenever the one-eighth of one 
percent of the total contributions to all pari-mutuel pools con- 
ducted at any dog race or dog race meet, which under the pro- 
visions of paragraph Il-a of this section is to be expended for 
physical improvements at agricultural fairs, shall exceed seven- 
ty-five thousand dollars in any one year, the excess shall be paid 
into the general funds of the state. 

5 Distribution for Physical Improvements at Agricultural 
Fairs. Amend RSA 284 by inserting after section 25 the follow- 
ing new section: 

284:25-a Distribution for Physical Improvement at Agri- 
cultural Fairs. The portion of the tax on pari-mutuel pools to 
be expended for physical improvements at agricultural fairs, as 
provided in RSA 284:23, Il-a, shall be distributed by the com- 
missioner of agriculture in equal amounts to all agricultural 
fairs which qualify for the distribution under RSA 284:25. All 
funds distributed under this section shall be used solely for im- 
provement of buildings and grounds at such agricultural fairs 
under the supervision of the commissioner of agriculture. 

6 Effective Date. This act shall take effect upon its passage. 
Rep. Joseph L. Cote spoke against the amendment. 
Rep. Drake spoke in favor of the amendment. 

Rep. Sayer explained the committee report. 

Rep. Nutt further explained the committee report. 

(discussion) 
Rep. Gerry F. Parker spoke in favor of the amendment. 
Amendment adopted. 
Ordered to third reading. 

SUSPENSION OF RULES 

Rep. Greene moved that the rules be so far suspended as 
to dispense with hearing, and advertising in Journal on HB 36, 
permitting the sale of milk in three quart containers, and to 
permit the bill to be taken up at the present time. 

Rep. Greene explained the committee report. 



194 House Journal, 7Mar74 

(Rep, Chase in the Chair) 

Rep. James E. O'Neil spoke in favor of the motion. 

(Speaker in the Chair) 

Adopted by the necessary two-thirds. 

Rep. Greene moved that HB 36 be ordered to third read- 
ing. 

Adopted. 

Ordered to third reading. 

SUSPENSION OF RULES 

Rep. Hamel moved that the rules be so far suspended as to 
dispense with hearing and advertising in Journal on HB 37, 
to provide for the repeal of the law tending to prohibit hitch- 
hiking, and to permit the bill to be taken up at the present time. 

Rep. Hamel explained the bill. 

Rep. George B. Roberts, Jr. spoke in favor of the motion. 

Adopted by the necessary two-thirds. 

SUSPENSION OF RULES 

Rep. Hamel moved that the rules be so far suspended as 
to place HB 37 on third reading and final passage at the present 
time. 

Adopted by the necessary two-thirds vote. 

Ordered to third reading. 

Third reading and final passage 

HB 37, to provide for the repeal of the law tending to pro- 
hibit hitchhiking. 

RECONSIDERATION 

Rep. Newell moved reconsideration on HCR 2, establish- 
ing a joint committee to study the railroad conditions and re- 
lated matters in the state of New Hampshire, and subsequently 
withdrew his motion. 



Rep. Spirou moved reconsideration on HB 34, relative to 



House Journal, 7Mar74 195 

energy facility evaluation, siting, construction and operations 
and providing for a tax on refined petroleum products. 

Reconsideration lost. 



Rep. Spirou moved reconsideration on HB 18, requiring 
local approval prior to approval of site plans for oil refineries. 

Reconsideration lost. 

RESOLUTION 

Rep. George B, Roberts, Jr. moved that all bills ordered 
to third reading be read a third time by this resolution and that 
all titles of bills and captions of resolutions be the same as 
adopted, and that they be passed at the present time, unless 
otherwise ordered by the House, and that when the House ad- 
journs today it be to meet Tuesday next at 11:00 a.m. 

Adopted. 

THIRD READING AND FINAL PASSAGE 

HB 34, relative to energy facility evaluation, siting, con- 
struction and operations and providing for a tax on refined 
petroleum products. 

HB 15, relative to redistricting the ward lines of the city 
of Laconia. 

HB 18, requiring local approval prior to approval of site 
plans for oil refineries. 

HB 32, relative to the commission and taxes on pari-mutu- 
el pools at dog tracks. 

HB 5, relative to the office of energy administrator. 

HB 36, permitting the sale of milk in three quart con- 
tainers. 

HCR 2, establishing a joint committee to study the rail- 
road conditions and related matters in the state of New Hamp- 
shire. 

HCR 3, relative to the protection of the New Hampshire 
Fishing Industry. 

On motion of Rep. Huot the House adjourned at 8:03 p.m. 



196 House Journal, 12Mar74 

Tuesday, 12Mar74 

The House met at 11:00 o'clock. 

Prayer was offered by Guest Chaplain Rev. Gerald Scrib- 
ner, Second Congregational Church of Wilton. 

Eternal Spirit, for this day, for our life, for this country, we 
give You praise and thanksgiving. As we are gathered here in 
this hall, we ask that You might open our minds to understand- 
ing, our hearts to truth, and our spirit to wisdom. 

Lead the work of all gathered here, that, in the decisions 
and laws passed, we find fairness, justice and freedom. In the 
whole of our state and country, help us to become a people able 
to pursue our opportunity and build our prosperity. 

May Your Spirit be in the debate, lead the discussion and 
guide the deliberations that all the work done here is accom- 
plished for the good of the people of the state and reflect Your 
everlasting virtues of Peace and Love. Amen. 

PLEDGE OF ALLEGIANCE 
Rep. Spirou led the Pledge of Allegiance. 

LEAVES OF ABSENCE 
Rep. Lefebvre, the day, illness. 

Reps. Randall, Grady and Conley, today and tomorrow, ill- 
ness. 

Reps. Brungot, Sanborn, Woodward, Nelson, and T. Anne 
Webster, the day, important business. 

Rep. Whipple, today and tomorrow, important business. 

Reps. Geiger, Erickson and Bowler, the week important 
business. 

SENATE MESSAGES 

CONCURRENCE 

HE 9, increasing the debt limit for the Londonderry school 
district. 

HB 28, authorizing Franklin Pierce College to grant the 
degree of juris doctor. 



House Journal, 12Mar74 197 

INTRODUCTION SENATE CONCURRENT 
RESOLUTIONS 

First, second reading &: referral 

SCR 1, referring the question of the reclassification of a 
certain highway in the town of Clarksville to a joint legislative 
committee. Public Works. 

SCR 2, referring the question of compensation for the town 
of Gorham to a joint legislative committee. Public Works. 

INTRODUCTION SENATE BILLS & SJR 
First, second reading Sc referral 

SB 12, to further protect the rights of mobile home owners 
by requiring the consumer protection division of the attorney 
general's office to promulgate guidelines as to what constitutes 
reasonable rules and regulations for mobile parks and by re- 
quiring that tenants be given copies of such rules and regula- 
tions. Municipal and County Government. 

SB 6, relative to landlord-tenant relations. Judiciary. 

SB 10, establishing a sire stakes program and a standard- 
bred breeders and owners development agency. Environment 
and Agriculture. 



o' 



SB 9, legalizing special town meetings in Wilmot and Pitts- 
field; and the Seabrook School District meeting. Municipal and 
County Government. 

SB 17, relative to the New Hampshire Port Authority, the 
construction of fishing facilities at Portsmouth, Hampton and 
Rye harbors, and the location of marine science docking and 
related facilities for the university of New Hampshire and mak- 
ing an appropriation therefor. Public Works. 

SB 2, to provide fairer real estate taxes for the elderly 
through a partial exemption from real estate taxes for persons 
sixty-five years of age or older, under certain circumstances, and 
compensating cities and towns for consequent loss of tax base 
and making an appropriation therefor, and making certain re- 
visions in the homeowners' exemption law. Ways and Means. 

SB 18, providing additional cost of living increases for re- 
tired members of the N. H. Teachers' Retirement System, the 



198 House Journal, 12Mar74 

N. H. Policemen's Retirement System, the N. H. Firemen's Re- 
tirement System, the N. H. Retirement System and the State 
Employees Retirement System, and making an appropriation 
therefor; providing for compensatory contributions for inter- 
rupted service; and providing for an actuarial study of prefund- 
ing to be paid out of escrowed funds derived from an interest 
assumption change. Executive Departments and Administration. 

SB 7, relative to capital improvements to the Mount Wash- 
ington summit and making an appropriation therefor. Public 
Works. 

SB 1, providing for open and honest political campaigns 
in New Hampshire by requiring greater accountability and full 
disclosure of campaign contributions and expenditures; and 
protecting party loyalty by disqualifying defeated primary can- 
didates from being nominated by petition under certain cir- 
cumstances. Stautory Revision. 

SB 11, establishing a state historic preservation office and 
making an appropriation therefor. Executive Departments and 
Administration. 



Under Joint Rule 12 the Speaker referred the following 
bills to the House Rules Committee: 

SB 22, establishing a study committee to develop a plan 
to provide public assistance to private institutions of higher 
learning in this state. 

SB 19, specifying procedures for termination of residential 
gas or electric services. 

SB 27, to better protect the safety of New Hampshire citi- 
zens and law enforcement officers by changing penalties for 
homicide in certain circumstances. 

SB 26, providing for retirement benefits for supreme and 
superior court justices. 

SB 24, authorizing cities and towns to grant franchises for 
cable television systems. 

SB 23, relative to the membership of municipal planning 
boards and providing for the creation of cooperative regional 
planning commissions. 



House Journal, 13Mar74 199 

SB 20, providing for regulation of franchise agreements 
for the sale of gasoline. 

SB 21, establishing a commission on children and youth. 

SB 28, to establish standards of care and treatment of alco- 
holics, intoxicated persons, and drug dependent people. 

SB 29, exempting enterprises selling spirits and wines to 
the state of New Hampshire from the business profits tax. 

SJR 2, establishing an interim committee to study oil com- 
panies and other energy suppliers. 

UNANIMOUS CONSENT 

Rep. Richard L. Bradley addressed the House by unani- 
mous consent. 

On motion of Rep. Roma A. Spaulding the House ad- 
journed at 11:33 a.m. to meet tomorrow at 11:00 a.m. 



Wednesday, 13Mar74 

The House met at 1 1:00 o'clock- 
Prayer was offered by House Chaplain Rev. Joseph Y. 
Beaulieu. 

O Lord, our God, the whole world You loved enough to 
die for, is moving ahead, with wonder, beauty, and power. 
Teach us to put our power and skill at the service of men every- 
where. Amen. 

PLEDGE OF ALLEGIANCE 

Whereas the 15th of March is the birthday of President 
Andrew Jackson, who as General Jackson commanded the vic- 
torious American troops at the Battle of New Orleans in 1815; 
whereas the 7th Regiment of Infantry is the former regiment of 
Rep. Benton, it is therefore appropriate that Rep. Benton lead 
the pledge to the flag today. 



200 House Journal, 13Mar74 

LEAVES OF ABSENCE 

Rep. Plumer, the day, illness. 

Reps. Maynard, Martineau, LaRoche and Gibbons, indefi- 
nite, illness. 

Reps. Edward A. Johnson and Armand R. Lemire, the day, 
important business. 

COMMUNICATION 

Mr. J. Milton Street, Clerk 

Dear Mr. Street: 

On March 13, 1974, the following Representatives-elect 
appeared before the Governor and Council and were sworn into 
office: 

Hillsborough County District No. 18 (Nashua, Ward 3) 
Robert D. Tropea, r, Nashua 03060 (2 Swart Terrace) 

Rockingham County District No. 15 (North Hampton, 
Stratham) Franklin Wolfsen, r. North Hampton 03862 

Strafford County District No. 17 (Dover, Ward 5) Leo E. 
Lessard, d, Dover 03820 (Old Madbury Lane) 

Edward C. Kelley 
Deputy Secretary of State 

COMMITTEE APPOINTMENTS OF 
NEW MEMBERS 

Rep. Tropea, Labor, Human Resources and Rehabilita- 
tion. 

Rep. Lessard, Education. 

Rep. Wolfsen, Fish and Game. 

RESOLUTION 

Rep. George B. Roberts, Jr. offered the following resolu- 
tion for the committee on rules: 

Resolved, that in accordance with the list in the possession 
of the clerk Senate Bills 19, 20, 21, 22, 23, 24, 26, 27, 28, 29 and 
SJR 2 shall be by this resolution read a first and second time 



House Journal, 13Mar74 201 

by the therein listed titles, and referred to the therein designated 
committees. 

Adopted. 

INTRODUCTION OF SENATE BILLS 

First, second reading & referral 

SB 22, establishing a study committee to develop a plan 
to provide public assistance to private institutions of higher 
learning in this state. Education. 

SB 19, specifying procedures for termination of residential 
gas or electric services. Judiciary. 

SB 27, to better protect the safety of New Hampshire citi- 
zens and law enforcement officers by changing penalties for 
homicide in certain circumstances. Judiciary. 

SB 26, providing for retirement benefits for supreme and 
superior court justices. Judiciary. 

SB 24, authorizing cities and towns to grant franchises for 
cable television systems. Statutory Revision. 

SB 23, relative to the membership of municipal planning 
boards and providing for the creation of cooperative regional 
planning commissions. Municipal and County Government. 

SB 20, providing for regulation of franchise agreements for 
the sale of gasoline. Executive Departments and Administration. 

SB 21, establishing a commission on children and youth. 
Public Health and Welfare. 

SB 28, to establish standards of care and treatment of al- 
coholics, intoxicated persons, and drug dependent people. Pub- 
lic Health and Welfare. 

SB 29, exempting enterprises selling spirits and wines to 
the state of New Hampshire from the business profits tax. Ways 
and Means. 

SJR 2, establishing an interim committee to study oil com- 
panies and other energy suppliers. Statutory Revision. 

SENATE MESSAGE 

CONCURRENCE HB WITH SENATE AMENDMENT 

(Amendment printed in SJ, March 7) 



202 House Journal, 13Mar74 

HB 23, continuing present city of Somersworth's elected 
officials in office until the next regular election, and constitu- 
tional convention delegates from old wards. 

Rep. Benton moved that the House concur with the Sen- 
ate amendment. 

Adopted. 

COMMITTEE REPORTS 

HB 2 

making appropriations for capital improvements. Ought 
to pass with amendment. Rep. Drake for Appropriations. 

AMENDMENT 

Amend the bill by striking out all after the enacting clause 
and inserting in place thereof the following: 

1 Appropriation. The sums hereinafter detailed in this sec- 
tion are hereby appropriated for the projects specified to the 
departments, agencies and branches named: 

I. Adjutant General 

Concrete floor — Manchester Armory 150,000 

II. Administration and Control 

(a) Restore and refurbish legis- 
lative chambers and 3rd 

floor of state house $160,000* 

(b) Refurbish exterior of state house 80,000 

(c) Renovate first floor toilets 30,000 
(d) Clean and point exterior-state library 50,000 

(e) Renovations to Purchase and 
Property Warehouse 68,000 



Total Paragraph II 388,000 

•The projects for which these appropriations are made shall, notwith- 
standing any statutes to the contrary, be under the complete and sole 
control of the Speaker of the House and President of the Senate jointly. 
No part of this appropriation shall be expended for the Senate Chamber 
proper. 

III. Aeronautics Commission 

(a) Nashua — Land for ILS $240,000 

Less Federal 180,000 



Net Appropriation 60,000 



House Journal, 13Mar74 203 

(b) Lebanon — Taxiway $112,000 

Less Federal 84,000 



Net Appropriation 28,000 

Total Paragraph III 88,000 

IV. Education — New Hampshire Voca- 
tional-Technical Colleges 

(a) Nashua 

Automotive building — Design, 
engineering, and working draw- 
ings to be ready for 1975 
Legislative Session |45,000 

(b) Claremont 

Allied health science building — 
Design, engineering, and work- 
ing drawings to be ready for 
1975 Legislative Session 75,000 

(c) Laconia 

New equipment-two graphic arts 

pressess and two related items 78,000 

(d) Berlin 

Automotive shop addition 143,000 

(e) Manchester 

Library extension 225,000 



Total Paragraph IV 566,000 

V. Health & Welfare 

(a) Office building — phase II — 
Design, engineering, and work- 
ing drawings to be ready for 

1975 Legislative Session $655,000 

(b) N. H. Home for the Elderly 

(Glencliff) — Laundry 83,600 

(c) N. H. Hospital 

(1) Reline fuel oil tanks $18,000 

(2) Equipment for main 

building kitchen 25,000 

(3) Plumbing, renovation, 
etc, in south side 

main building 69,000 

(4) Plumbing, renovation, 
etc. in north side 

main building 86,000 

(5) Dolloff building — reno- 
vate to life safety code, etc. 80,500 

(6) Reconstruction and reno- 
vation of Tobey, Thayer, 
Brown, and Walker buildings — 



204 House Journal, 13Mar74 



, Design and engineer- 




ing all four buildings 


300,000 


, Reconstruction and 




renovation of Tobey 




building complete: 




Construction 


823,400 


Contingencies 


100,000 


Equipment 


40,000 



Total Subparagraph (c) 1,541,900 

(d) Laconia State School and 
Training Center 

(1) Laundry equipment $55,000 

(2) Dairy barn conversion 30,000 
(own forces) 

(3) Renovate electrical 
entrance and outside 
wiring phase I 132,000 



Total Subparagraph (d) 217,000* 

* Authority is hereby granted to sell, dispose or remove, at 
no cost, the silo at the Laconia State School and Training Cen- 
ter. Any revenue derived from its sale or removal shall be de- 
posited in the general funds of the state. 

Total Paragraph V 2,497,500 

VI. New Hampshire Youth Development 
Center — acquisition of one youth 
residential center located off the 
present property but within the 

Manchester area. 125,000* 

Spaulding Cottage renovation 55,000 

*This appropriation shall be reduced by any available fed- 
eral funds. 

Total Paragraph VI 180,000 

VII. Liquor Commission 

Addition to Portsmouth store No. 58 345,000 

VIII. Department of Resources and 
Economic Development 

(a) Relocation and reconstruc- 
tion of forestry nursery 
administration building, 
laboratory. Bear Brook central 

warehouse, and shop area. $65,000 

(b) Division of Parks 

(1) Engineering and construction 



House Journal, 13Mar74 



205 



A. Bear Brook — new water 




supply 


49,000 


B. Franconia — phase II 




snowmaking, novice slope 




development 


95,000 


C. Greenfield — construct 




shower building and ex- 




pand parking and picnick- 




ing area 


56,000 


D. Odiorne Point — site 




improvement at Frost Point 


25,000 


E. Pawtuckaway — sewage 




dumping station and 




beach expansion 


40,000 


Total Subparagraph (b) 


$265,000 


Less federal assistance 


132,500 



Net appropriation subparagraph (b) 
(c) Capital projects — utility 
construction — 5 year bonds 

(1) Franconia Notch State 
Park — tram overhaul 

(2) Engineering for snow 
making equipment for 
Mt, Sunapee 

Total Subparagraph (c) 
Total Paragraph VIII 

IX. Department of Safety 

(a) Office building 

Plans and engineering only 
including parking layout 
and drawings 

(b) Safety services 

Boat house — rebuild and 
expand 

(c) State police 
Renovate radio station 
and building 

Total Paragraph IX 

X. Veteran's Home 
Nursing care unit 
Less federal funds 

Net state appropriation Paragraph X 

XL State Prison 

Improvements and repairs as 
follows: replacing windows 



$180,000 
12,500 



132,500 



192,500 
390,000 



$250,000 

25,000 

8,000 
283,000 

$2,134,720 
1,387,568 

747,152 



206 House Journal, 13Mar74 

(main cell block) , renovate 
heating (main cell block), new 
roofs on hospital and old boiler 
room, No. 1 boiler conversion burn- 
er, toilets for annex, renovate 
annex, maximum security cells in 
old hospital area 275,900 

XII. Water Resources Board — Repairs, 
reconstruction and rebulding 
of dams. 

(a) Union Meadows $43,320 

(b) Kingswood Lake 53,420 

(c) Glen Lake 151,620 

(d) Howe Reservoir 29,640 

(e) Winnisquam Lake 114,000 



Total Paragraph XII 392.000 

XIII. Water Supply and Pollution 
Control Commission 
Regional waste treatment plant 

Winnispesaukee River Basin $20,086,000 

Less federal funds 15,064,500 

Less local funds 1.004,300 



Net state appropriation Paragraph XIII 4,017,200 

XIV. Public Works and Highway, 
Division of 

Constractual maintenance projects: 
5 year bonds 
New Hampshire Hospital 
Concord, N. H. 

(a) Overhauling elevators $40,000 

(b) Reinsulate warehouse freezer 12.000 



Total Paragraph XIV 52,000 



Total state appropriation Section 1 10,271.752 

2 Appropriation, University of New Hampshire. The sums 
hereinafter detailed in this section are hereby appropriated for 
the projects specified, including but not limited to the pur- 
chasing, constructing, furnishing and equipping thereof, to the 
trustees of the University of New Hampshire system: 

I. Merrimack Valley Branch 

(a) Development of outside 

utilities $3,750,000 

(b) Construction of first 

building 1,668,000 



House Journal, 13Mar74 207 

(c) Design and working drawings 

of second building 175,000 



Total Paragraph I $5,593,000** 

II. Keene Campus 

Renovation of former Elliot 

Hospital 700,000* 

III. Plymouth Campus 

New academic building complete 4,000,000** 

IV. Durham Campus 
Complete renovation of James, 
Morrill, Murkland, and Kingsbury 
Halls to conform with N. H. Life 

Safety Code 486,000** 

V. All Campusei 

Phase I of installation of fire 

detection systems in various 

buildings to comply with N. H. 

Life Safety Code 82,000** 

VI. Snively Arena — Fire doors, safety 
lights and devices to meet Life 

Safety Code 18.000** 



Total state appropriation Section 2 $10,879,000 

* These funds shall not be transferred or used for any other 
purposes and is the total amount to be appropriated and/or 
expended for all renovation or conversion of the Elliott prop- 
erty to university use, and the following priorities in spending 
will apply: (1) repairs to roofs; (2) repairs to heating equip- 
ment and utilities to meet minimum applicable life safety code 
standards; (3) minimum alterations required to make usable 
buildings for administrative and academic purposes. 

** These funds shall not be transferred or used for any 
other purposes. 

3 Appropriation; Self-Liquidating. The sum of two million 
one hundred eighty-three thousand dollars is hereby appropri- 
ated for the purpose of constructing, furnishing, and equipping 
housing and dining facilities and utilities at the University of 
New Hampshire as follows: 

Durham 
Dormitory 

Construction $2,040,000 * * 



208 House Journal, 13Mar74 

Furnishings and equipment 143,000* 



Total section 3 $2,183,000 



*5 year bonds 
** 30 year bonds 

4 Expenditures, General. The appropriation made for the 
purposes mentioned in sections 1 and 13, and the sums avail- 
able for those projects, shall be expended by the trustees, com- 
mission, commissioner, or department head of the institutions 
and department referred to herein, provided that all contracts 
for projects and plans and specifications therefor, shall be 
awarded in accordance with the provisions of RSA 228. 

5 Expenditures, University of New Hampshire. 

I. The appropriations made for the purposes mentioned 
in sections 2 and 3 and the sums available for these projects 
shall be expended by the trustees of the University of New 
Hampshire. All contracts for the construction of all or any part 
of said building or facilities shall be let only after competitive 
sealed bids have been received and only after an advertisement 
calling for such bids has been published at least once in each 
of two successive calendar weeks in a newspaper of general cir- 
culation in New Hampshire or in a trade journal known to be 
circulated among the contractors from whom bids will be 
sought with the state of New Hampshire or elsewhere in the 
area. The first publication of such advertisement shall be not 
less than thirty days prior to the date the bids will be received. 
All conditions considered, wherever possible, it is recommended 
that the services of New Hampshire architectural and construc- 
tion firms be considered within the discretion of the trustees. 

II. Availability of Appropriation. The appropriations made 
in sections 2 and 3 are available for all costs incidental to the 
erection, furnishing, and equipping of these facilities including 
the necessary extension of utilities and includes the cost of the 
services of architects, engineers, and other consultants of such 
kind and capacity as the university board of trustees may, in its 
discretion, wish to employ on such terms and conditions as the 
board determines, and include the cost of furnishing and equip- 
ping the facilities with moveable equipment and furnishings 
not affixed to the buildings, and which are not listed in the 
specifications approved for implementation of the construction 



House Journal, 13Mar74 209 

plans. These monies shall be spent under the direction of the 
university board of trustees. 

III. Rejection of Low Bids. If, in the judgment of the 
trustees of the university, just cause exists indicating the lowest 
bid should be rejected, then the contract may be awarded to the 
next lowest bidder, or if the next lowest bid should be rejected, 
the contract may be awarded to the third lowest bidder. 

IV. Rejection of All Bids. The board of trustees of the 
university has the right to reject any and all bids and, if the 
lowest bid is in excess of the appropriation, the board has the 
right to negotiate with the low bidder or with the three lowest 
bidders for a contract for the construction upon terms considered 
most advantageous to the university. If only one bid is received, 
the board of trustees may negotiate a contract for the construc- 
tion on terms considered most advantageous to the university 
and to the state. Any authorization contained in this act which 
is a variance with the requirements of applicable federal law 
and regulations shall be controlled by the terms of the federal 
law and regulations. 

6 Land Acquisition. Any land acquired under the appro- 
priations made in sections 1 and 13, except such land, if any, 
as may be acquired under the appropriation for water resources 
board, shall be purchased by the commissioner of public works 
and highways, with the approval of governor and council. 

7 Bonds Authorized. To provide funds for the total of the 
appropriations of state funds made in sections 1, 2 and 3 of this 
act, the state treasurer is hereby authorized to borrow upon the 
credit of the state not exceeding the sum of twenty-three million 
three hundred thirty-three thousand seven hundred fifty-two 
dollars and for said purpose may issue bonds and notes in the 
name and on behalf of the state of New Hampshire in accord- 
ance with the provisions of RSA 6-A; provided, however, that 
the bonds issued for the purposes of section 1, subparagraph 
VIII (c), paragraph XIV and section 3 (furnishings and equip- 
ment $143,000) of this act, shall have a maturity date of five 
years from date of issue, and provided further that the bonds 
issued for the purposes of section 3 (construction $2,040,000) 
of this act shall have a maturity date of thirty years from the 
date of issue. 

8 Payments. The payment of principal and interest on 



210 House Journal, 13Mar74 

bonds and notes issued for the projects in sections 1, 2, 3 and 
13 shall be made when due from the general funds of the state. 

9 Liquidation. The state treasurer is authorized to deduct 
from the fund accruing to the university under RSA 187:24, or 
appropriation in lieu thereof, for each fiscal year such sums as 
may be necessary to meet interest and principal payments in 
accordance with the terms and conditions of the bonds or notes 
issued for the purposes of section 2 and 3 hereof. 

10 Powers of Governor and Council. The governor and 
council are hereby authorized and empowered: 

I. To cooperate with and enter into such ageements with 
the federal government or any agency thereof, as they may deem 
advisable, to secure federal funds for the purposes hereof. 

II. To accept any federal funds which are, or become avail- 
able for any project under sections 1 and 13 beyond the esti- 
mated amounts. The net appropriation of state funds for any 
project for which such additional federal funds are accepted 
shall be reduced by the amount of such additional funds, and 
the amount of bonding authorized by sections 7 or 14, which- 
ever is applicable, shall be reduced by the same amount. 

11 Transfers. The individual project appropriations, as 
provided in sections 1, 2, 3 and 13 shall not be transferred or 
expended for any other purposes; provided that if there is a 
balance remaining after an individual project, which is fully 
funded by state funds, is completed, said balance or any part 
thereof may be transferred by governor and council to any other 
individual project or projects, which are also fully funded by 
state funds, within the same section. 

12 Reduction of Appropriations and Bonding Authority. 
If the net appropriation of state funds for any project provided 
for by sections 1, 2, 3 and 13 is determined on the basis of an 
estimate of anticipated federal, local or other funds, and if the 
amount of such funds actually received or available is less than 
said estimate, then the total authorized cost for such project and 
the net appropriation of state funds therefor each shall be re- 
duced by the same proportion as the proportion by which fed- 
eral, local or other funds are reduced. The amount of bonding 
authorized by sections 7 or 14, whichever is applicable, shall be 
reduced by the amount that the appropriation of state funds 
is reduced pursuant to this section. 



House Journal, 13Mar74 211 

13 Water Resources Board Appropriation. The sums here- 
inafter detailed in this section are hereby appropriated for the 
projects specified, for capital improvements and long-term re- 
pairs thereto, to the water resources board: 

I. Baker River Watershed Project 

Sites 6-A, 7, and 11-A $2,850,350 

Less federal funds 2,158,575 

Less other funds 81,000 



Net state appropriation paragraph I $610,775 

II. Cold River Watershed Project 

Site 6 (jointly with state of Me.) 345,700 

Less other funds 34,000 

Less federal funds 296,000 



Net state appropriation paragraph II 15,700 

III. Souhegan River Watershed — Site No. 33 2,500 

Site No. 8 40,000 



Total paragraph III 42,500 



Total state appropriation section 13 $668,975 



14 Bonds Authorized. To provide funds for the total of 
the appropriations made of state funds in section 1 3 of this act, 
the state treasurer is hereby authorized to borrow upon the 
credit of the state not exceeding the sum of six hundred sixty- 
eight thousand nine hundred seventy-five dollars and for said 
purposes may issue bonds and notes in the name and on behalf 
of the state of New Hampshire in accordance with the provisions 
of RSA 6-A. 

15 Appropriation Extension. The appropriation made to 
the water resources board by 1971, 559, X, for the specified 
capital expenditures shall be available for expenditure until 
July 1,1977. 

16 Certain Parks Appropriations of 1971 Extended. The 
following appropriations to the division of parks, for the speci- 
fied capital improvements, shall be available for expenditure 
until July 1, 1976: 



212 House Journal, 13Mar74 

I. 1971, 559:1, VII, (1), (a), (i) , Franconia Notch State 
Park, tramway cable. 

II. 1971, 559:1, VII, (1) , (b) , Berlin wayside and recrea- 
tion area. 

III. 1971, 559:1, VII, (1), (g) , dredging and improve- 
ments of Hampton Harbor. 

17 Appropriation for Hooksett Liquor Store Extended. 
Amend 1972, 42 by inserting after section 4 the following new 
section: 

42:4-a Appropriation Extended. Notwithstanding any other 
statute to the contrary the appropriation made by this act shall 
be available for expenditure up to July 1, 1976. 

18 Aeronautics Commission. Amend the footnote in Laws 
of 1969, 504:1, III, as amended by Laws of 1972, 62:3, by add- 
ing to the footnote the following new paragraph (The pro- 
visions within this footnote which appear prior to this inser- 
tion shall not apply to paragraphs III, (b) and (d) , but said 
appropriations shall be matched with any applicable federal 
funds and shall, notwithstanding the provisions of RSA 9:18, 
not lapse until June 30, 1974.) 

19 Angle Pond Appropriation Increased. Amend Laws of 
1969, 489:3, by striking out said section and inserting in place 
thereof the following: 

489:3 Expenditure Authorized. The water resources board 
is hereby authorized to expend a sum of money not to exceed 
thirty thousand dollars for use in acquiring, repairing and 
maintaining the dam on North River Pond in the town of 
Nottingham and the dam at the outlet of Angle Pond in the 
town of Sandown which shall be a charge against the fund 
established in RSA 270:5, VII. 

20 Pisgah Road Appropriation Reduced and Extended, 
Amend Laws of 1971, 559:1, VII, (1) , (e) , by striking out the 
same and inserting in place thereof the following: 

(e) Pisgah Road Improvements $102,500 

Less federal funds 40,000 



Total $62,500* 

*Within this appropriation the sum of $22,500 provides for 



House Journal, 13Mar74 213 

nonfederal BOR participation projects. This appropriation shall 
not lapse until June 30, 1976. 

21 Reducing the Appropriation for the Soldiers' Home. 
Amend Laws of 1971, 559:1, VIII, by striking out said para- 
graph and inserting in place thereof the following: 

VIII. Soldiers' Home 

Engineering services — renovations 2,000 

22 Reducing the 1971 Capital Budget Bonding. Amend 
Laws of 1971, 559:8, as amended, by striking out said section 
and inserting in place thereof the following: 

559:8 Bonds Authorized. To provide funds for the appro- 
priations made in sections 1, 2, 3 and 16 of this act, the 
state treasurer is hereby authorized to borrow upon the credit 
of the state not exceeding the sum of eleven million four hun- 
dred one thousand one hundred sixty-five dollars and for said 
purposes may issue bonds and notes in the name and on behalf 
of the state of New Hampshire in accordance with the provisions 
of RSA 6-A; provided, however, that the bonds issued for the 
purposes of section 3 of this act shall have a maturity date of 
thirty years from the date of issue. 

23 Legislative Facilities Committee. Amend 1973, 368:1 by 
striking out said section and inserting in place thereof the fol- 
lowing: 

368:1 Committee Established. A joint committee on legis- 
lative facilities is hereby established for the purposes of con- 
ducting, supervising and coordinating the renovating, rebuild- 
ing, remodeling or construction of the state-owned building 
known as the Old Post Office located in Concord, New Hamp- 
shire, in its sole discretion as it deems necessary, for hearing 
rooms, meeting rooms and other facilities for the use and con- 
trol of the legislature and their supporting activities. Such com- 
mittee shall also conduct, supervise and coordinate the planning 
and construction of a legislative parking facility to be located 
in Concord, New Hampshire for the use and control of the 
legislature and their supporting activities. The committee shall 
consist of the president of the senate and the speaker of the 
house, the majority and minority leaders of each body and one 
member of the senate appointed by the president of the senate 
and one member of the house appointed by the speaker of the 



214 House Journal, 13Mar74 

house who shall be members from the office space study com- 
mittee; and an additional member of the senate appointed by 
the president and an additional member of the house appointed 
by the speaker. The committee shall meet as required and shall 
serve without compensation; however, the committee members 
shall receive legislative mileage. 

24 Legislative Parking Facility. Amend 1973, 368:2 by 
inserting after paragraph IX the following new paragraphs: 

X. The committee shall have the authority to negotiate 
and contract with the city of Concord for the acquisition of land 
or air rights for the purpose of constructing a parking facility 
for the use of the legislature, and such land or air rights may 
be acquired without the consent of the governor and council. 

XI. Notwithstanding any other provisions of law to the 
contrary, all space in and utilization of the legislative parking 
facility shall be determined by the president of the senate and 
the speaker of the house. 

25 Appropriation. Amend 1973, 368 by inserting after sec- 
tion 6 the following new sections: 

368:6-a Appropriation. The sum of seven hundred seventy 
thousand dollars is hereby appropriated for the planning and 
construction of a legislative parking facility. Said sums shall 
be expended by the legislative facilities committee. The com- 
mittee is authorized to apply for, accept and expend federal 
and private funds that may be made available for the purposes 
of this act and the amount of state funds available for said pur- 
poses shall be reduced by the amount thereof. 

368:6-b Bonds Authorized. To provide funds for the appro- 
priation made in section 6-a of this act, the state treasurer is 
hereby authorized to borrow upon the credit of the state not 
exceeding the sum of seven hundred seventy thousand dollars, 
and for said purpose may issue bonds and notes in the name 
and on behalf of the state of New Hampshire in accordance with 
the provisions of RSA 6-A. 

26 Powers of University Trustees. Amend RSA 187:8, as 
amended, by inserting after paragraph IX the following new 
paragraph: 

X. To maintain and operate all housing facilities, dining 



House Journal, 13Mar74 215 

halls or other food service facilities, student unions, and book- 
stores for students and faculty on all campuses of the university 
system which are in existence on the effective date of this para- 
graph or which may later be constructed and to collect rents 
from any such housing facilities. 

27 Special Funds Established. Amend RSA 187 by insert- 
ing after section 10 the following new section: 

187:10-a Special Funds for Self-amortizing Projects. The 
trustees of the university shall keep the income from all: hous- 
ing facilities, dining halls and other food service facilities, stu- 
dent unions, and bookstores each in a separate fund for each 
division or campus of the university system. From each such 
fund shall be paid the proportionate part of the annual interest 
on the state borrowing for the purpose of constructing any of 
the four above-mentioned particular facilities at the particular 
division of campus, and a like proportionate payment of install- 
ments of principal as the same become due until such time as 
all obligations incurred by the state for any of said four facili- 
ties at any division or campus have been met. All operating and 
maintenance expenses of the four above-mentioned facilities 
shall be paid from the applicable separate fund hereby estab- 
lished. 

28 Repeal. The following statutes are hereby repealed: 

I. RSA 187:10, relative to dormitory rentals; 

II. Laws of 1967, 394:ll-a, establishing special funds for 
certain university buildings; 

III. Any statute inconsistent with the provisions of RSA 
187:8, X or RSA 187:10-a. 

29 Effective Date. This act shall take effect upon its passage. 
Rep. Drake explained the committee report. 

(discussion) 

Rep. Tucker: Mr. Mann, in Paragraph IV for education, 

N. H. Vocational-Technical Colleges, specifically Nashua and 
Claremont, these particular buildings were in the original 
capital budget that was passed in the regular session and now 
the construction funds have been withdrawn and engineering 
funds are left in on this particular budget item. Would you 



216 House Journal, 13Mar74 

please, for the benefit of the House, specifically for those in the 
Nashua and Claremont areas, present to us the thinking of the 
Public Works Committee in regard to those two particular 
projects. Why you have taken the action you have and what is 
the intent — the legislative intent of the Public Works Com- 
mittee as it relates to these two projects. 

Rep. Mann: Mr. Speaker, as we discussed in the hall, I 
think that in reviewing in depth the Nashua and Claremont 
schools and the Health and Welfare buildings, we found that 
there were no plans, no engineering. Doing it this way, we felt 
there was a delay of about three months because this is a half- 
year capital budget, — it was a two-year capital budget. You 
will be considering another capital budget in about a year. 
Our feeling was to try to keep these as an on-going project and 
therefore, to try to (I don't know know as I should say to com- 
mit the legislature) but more or less get these designs, en- 
gineering, working drawings that we can consider in the next 
Legislative session. I think that the Public Works Committee, 
as a whole, is very favorable to all three of these projects. It is 
just money, time, and — you know what happened to the last 
capital budget. 

Speaker: Mr. Raymond, do you want to further answer 
the question? 

Rep. Raymond: I would like to speak on behalf of the 
Appropriations Committee as a whole and say that we strongly 
supported this concept in the last session and you can be sure 
we are not stepping aside in this session. We agree that this is 
good sound business to get these working drawings and then 
get the actual dollar needs we have early in 1975 for that bud- 
get, and then we can move forward. 

Rep. Tucker: Do you agree with Mr. Mann that this is 
regarded, at least at this point in time, as an on-going project? 

Rep. Raymond: I heard the comment in back of me, "It 
wouldn't be in there if it wasn't" and I am tempted to agree 
with him because — let me remind you that I have been work- 
ing on some of these projects since 1969 as well as many other 
people. I don't think we are going to let it go down the drain 
now. 

Rep. Tucker: Thank you. 

Speaker: Mr. D'Amante, you may inquire. 



House Journal, 13Mar74 217 

Rep. D'Amante: Mr. Raymond, I had an amendment 
drawn up in Paragraph IV. I was concerned and I am going to 
withdraw my amendment. I am not even going to offer it, but 
I still want to make it literate and make sure that one thing, 
that all these Vo-Tech schools are not going to have to worry 
about funds to complete their project in two years. Am I cor- 
rect in my thinking? 

Rep. Raymond: Mr. D'Amante, I would not dare prophesy 
what you and the members of this honorable General Court 
will do in the next session. This is not our prerogative. But, 
this signifies, as it is listed, the intent of this current House 
to continue with this project. 

Rep. D'Amante: Then we are laying the foundation for 
this project to be completed? 

Rep. Raymond: Yes, sir, we are following a procedure 
which we initiated in 1969 of requiring all of these drawings 
and I hoped you wouldn't press me to the point, but I am a 
little bit abashed that we didn't have them all ready now. 

Rep. D'Amante: Thank you. 



Rep. Chandler spoke against the amendment. 

(discussion) 

Rep. Curran spoke against the amendment. 

Reps. Sanborn, Boisvert and George B. Roberts, Jr. spoke 
in favor of the amendment. 

Reps. Gelinas and Nelson non-spoke in favor of the amend- 
ment. 

Amendment adopted. 

Rep. Horan offered an amendment. 

The Clerk read the amendment in full. 

Rep. Horan spoke in favor of his amendment. 

(discussion) 

Reps. Williamson, Orcutt, French, Spirou and Drake spoke 
against the Horan amendment. 

Reps. Daniels, Harry C. Parker, Ellis and Lamy non-spoke 
against the Horan amendment. 



218 House Journal, 13Mar74 

Reps. Daniels, Harry C. Parker, Ellis and Lamy non-spoke 
against the Horan amendment. 

Rep. Horan requested a division. 

7 members having voted in the affirmative, and 274 in the 
negative, the Horan amendment lost. 

Rep. Plourde offered an amendment. 

The clerk read the amendment in full. 

Rep. Plourde explained his amendment. 

(discussion) 

Reps. Raymond, Zachos, Belair, Gelinas and Drake spoke 
against the Plourde amendment. 

Reps. Rock, McDonough and Drew non-spoke against the 
Plourde amendment. 

Plourde amendment lost. 

Ordered to third reading. 

Rep. Sayer offered the following. 

HOUSE RESOLUTION 

Whereas the House of Representatives by resolution 
adopted March 7, 1974, referred to the New Hampshire Su- 
preme Court certain questions of law for an advisory opinion 
concerning the taxation provisions contained in HB 34, An 
Act relative to energy facility evaluation, siting, construction 
and operations and providing for a tax on refined petroleum 
products; 

And Whereas it has come to the attention of the House 
that it is desirable to propound a supplementary question con- 
cerning said bill in order to obtain as comprehensive an ad- 
visory opinion as possible in the circumstances; 

Now Therefore be it resolved by the House of Represen- 
tatives that Request No. 6865 now pending in the New Hamp- 
shire Supreme Court be supplemented by adding thereto the 
following additional question: 

3-a. Would it be a valid exercise of the state's taxing powers 
to amend the taxing provisions of the proposed statute so as 
to provide that the tax in question be levied as an ad valorem 



House Journal, 13Mar74 219 

tax, namely, a reasonable and uniform percentage of the fair 
value per barrel of such refined petroleum products? 

Be It Further Resolved that the Speaker of the House 
transmit seven copies of this supplementary resolution to the 
Clerk of the Supreme Court for consideration by said court. 

Adopted. 

Rep. George B. Roberts and Coutermarsh offered 
HOUSE CONCURRENT RESOLUTION 5 

establishing a schedule of legislative days for 
the remainder of the special session. 

Be It Resolved by the House of Representatives, the Senate 
concurring: 

That, both houses of the General Court shall each adjourn 
from the eighth legislative day to March 19 which shall be the 
ninth legislative day and thereafter to succeeding legislative 
days according to the following schedule: 

March 20, the tenth legislative day; March 26, the eleventh 
legislative day; March 27, the twelfth legislative day; March 
28, the thirteenth legislative day; April 2, the fourteenth 
legislative day; and April 11, the fifteenth legislative day. 

EXPLANATION 

March 27th, the 12th legslative day, is the last day for all 
bills passed by one body to be considered by the other body. 

April 2nd, the 14th legislative day, is the last day for the 
adoption of all committee of conference reports. 

The only business in order on April 11th, the 15th legis- 
lative day, will be the consideration of any vetoes by the Gov- 
ernor. 

The clerk read the resolution in full. 

Rep. George B. Roberts, Jr. explained the resolution. 

Reps. Gerry F. Parker and Ethier spoke against the reso- 
lution. 

(discussion) 



220 House Journal, 13Mar74 

Reps. Coutermarsh, Daniell and Zachos spoke in favor of 
the resolution. 

Resolution adopted. 

RECONSIDERATION 

Rep. Drake moved reconsideration on HB 2, making ap- 
propriations for capital improvements. 

Reconsideration lost. 

RESOLUTION 

Rep. George B. Roberts, Jr. moved that all bills ordered 
to third reading be read a third time by this resolution and that 
all titles of bills be the same as adopted, and that they be passed 
at the present time, unless otherwise ordered by the House, and 
that when the House adjourns today it be to meet Tuesday 
next at 11:00 a.m. 

Adopted. 

Third reading and final passage 

HB 2, making appropriations for capital improvements. 

UNANIMOUS CONSENT 

Rep. Zachos addressed the House by unanimous consent 
concerning the Speaker's speech in Albany, New York. 

Rep. Zachos moved that Speaker O'Neil's address be 
printed in the Journal. 

Adopted. 

James E, O'Neil, Sr. 

Speaker of the 

NEW HAMPSHIRE HOUSE OF REPRESENTATIVES 

Lecture Address 

"Emerging Dynamism of State Legislatures" 

By invitation of 
New York Senate Majority Leader Warren M. Anderson 

and 



House Journal, 13Mar74 221 

President Louis T. Benezet 
State University of New York at Albany 

before the 
Distinguished American Legislative Leaders 

Monday, February 25, 1974 

This evening I would like to share with you some of my 
thoughts on the proper role of state legislatures in these chang- 
ing and often difficult times. 

If we as legislators are to control our own destiny, we must 
first define what we wish that destiny to be. 

Let us begin by reflecting for a moment upon how and why 
our branch of government was conceived and the nature of the 
role it was designed to play. 

The lessons of history convinced our Founding Fathers 
that no single segment of society should control our government. 
Their solution was the federal system — a balance of power, 
first between the states and the national government and sec- 
ondly, within the national government itself. 

This system of checks and balance forms the bedrock of our 
system of self-government. It is in the interest of every Ameri- 
can to keep all of its parts strong and of equal power. 

Yet, at the present time, our governmental equation is out 
of balance. 

The scales that weigh the federal system have tilted to re- 
flect the pre-eminence of Washington in relation to the states. 
And similarly, within the national government itself the power 
of the President and of the Judiciary have increased — at the 
expense of the Congress. 

Unfortunately, it is not only in Washington that we find 
an erosion of the powers of the legislative branch. 

Our state legislatures — once proud and strong — have let 
their rightful place slip from them. 

I would submit that a strong and equal legislative branch 
is as important in your state capitol as it is in Washington. 

Any legislative body that is weak is not capable of reconcil- 



222 House Journal, 13Mar74 

ing the ever-increasing, complex and conflicting demands of 
today's society. 

And make no bones about it — it is our job as legislators to 
reconcile these demands. 

Under both our State and Federal Constitutions, the legisla- 
tive is the only branch that can make, amend or eliminate laws. 
It is only in the forums of Senate and House that these basic 
principles that govern our lives are made. 

And while the three branches of our governments should 
indeed be equal, I would suggest that legislatures were intended 
to be the pivotal institutions in this democracy — and thus a 
little bit more equal than the other two branches. 

While perhaps a bit self-serving, the following statement 
issued in 1816 by a congressional select committee does empha- 
size the importance of the lawmaking power. 

"Of all the powers with which the people have invested 
the Government, that of legislation is undoubtedly the chief. 
In addition to its own important, ordinary duties, the Legisla- 
ture is the only power which can create other powers. . . . 

"Over the most numerous branch of the Legislature, there- 
fore, the people have retained the power of frequent elections; 
and with this branch alone they have trusted the original exer- 
cise of the risfht of taxation. 



'C3' 



■'The members of the House of Representatives are the 
special delegates and agents of the people in this high trust. 
They, and they alone, can touch the mainspring of the public 
prosperity. They are elected to be the guardians of the public 
rights and liberties." 

Most people neither understand nor appreciate how a legis- 
lature works. As legislators we have twin functions — and twin 
faces. 

On one hand, we are the representatives of the people and 
we look to them — searching out and receiving public problems. 

On the other, we must look to the law itself — to the de- 
velopment of public policy and its implementation. 

I quote from the Federalist essay No. 62, "A good govern- 
ment implies two things; first, fidelity to the object of govern- 



House Journal, 13Mar74 223 

ment, which is the happiness of the people; secondly, a knowl- 
edge of the means by which that object can be best attained." 

Put another way, legislatures are really two separate things: 
a collectivity and an institution. 

As a collectivity, we as legislators act as receptors and reflect 
the needs and wants of constituents. 



As an institution, we as legislators have to make laws and 
ve at some conclusions about 
as what we have been asked to do. 



arrive at some conclusions about what ought to be done as well 



As all of you know from experience, these are not neces- 
sarily compatible functions. Thus a major organizational prob- 
lem for any legislature is the development of means by which 
a collection of individual representatives can function as an 
institution. In most American legislatures, the committee sys- 
tem is designed to facilitate representative and problem-defining 
functions (the face to the public) ; the political party and leader- 
ship systems seek to facilitate the compromises necessary to 
arrive at conclusions (the face to the government.) 

The fact that neither operates smoothly says more about the 
complexities of the tasks to be performed than about the com- 
petency of the legislators — a point normally missed by critics 
of legislatures at all levels. 

We are too often criticized for ignoring problems while 
simultaneously being ridiculed for making the compromises 
necessary to get action to resolve them. 

So as legislatures we have twin faces. To complicate things 
further, we are also — with a single exception — twin-headed. 
This bicameral feature is so obvious as to hardly bear mention- 
ing. And yet it, too, is ignored by most commentators. 

A legislature is not a thing. It is two things — a House and 
a Senate. 

And although the legislature as a whole is designed to be 
both a collectivity and an institution, these two functions were 
not intended to be shared equally. 

The House of Representatives is just that — a house of 
representatives. It is the place of public access and thus naturally 
faces a difficult transition from collectivity to institution. The 



224 House Journal, 13Mar74 

pull of the house will always be more toward the people than 
it is toward the law. 

While the Senate is not exactly the house of unrepresenta- 
tion, most senates were intentionally structured to be somewhat 
more distant from the people. The United States Senate — and 
those in many states — were not originally elected by popular 
vote. Every indication is that the founding fathers viewed the 
Senate as the deliberative chamber — its function one of de- 
bating and contemplation so the collectivity might move toward 
temperate resolution of public problems. Federalist essay No. 62 
expressed fear of the effects of popular representation, and des- 
ignated the Senate as a corrective: 

"The necessity of a Senate is not less indicated by the 
propensity of all single and numerous assemblies to yield to 
the impulse of sudden and violent passions, and to be seduced 
by factious leaders into intemperate and pernicious resolu- 
tions." 

How complicated all this is, and yet how important! 

For in describing this magnificent system as it was designed 
to be, we also define the magnitude of our loss when legislatures 
do not fulfill their potential. 

A weakness in any legislative body will upset the balance 
among the branches of our governments. 

But the weaknesses of state legislatures are even more signif- 
icant for they also contribute to the inability of state govern- 
ments to maintain the intended balance of the federal system. 

While I am not one to hold that every expansion of the 
federal government is wrong and somehoAv sinister, the present 
imbalance in the system prevents us from realizing the benefits 
it was intended to provide. 

Terry Sanford has described this potential loss: "The fed- 
eral system, preserved as a federal system, is the institution of 
restraint. The competitive governments serve not only to re- 
strain absolute power, they serve positive purposes as well. The 
internal clashes and conflicts promote the creative tension that 
adds to the competitive features in a constructive manner. With 
weak state governments, the tension is less, and there is less 
challenge and weaker competition. It is as if a runner sought 



House Journal, 13Mar74 225 

to set a world record without anyone pressing him to do his 
best. Without the tension of competition, the whole race is 
slower." 

Fortunately, the past few years have seen an impressive re- 
surgence of state legislatures and thus a strengthening of state 
government as a whole. While our resources do not yet match 
our responsibilities, state governments have begun to equip 
themselves to meet the challenges of the times. 

In reaching for tools to help us meet our responsibilities, 
we have created a number of new organizations to serve our 
mutual interests, such as the Advisory Commission on Inter- 
Governmental Relations, the Council of State Governments, 
the Citizens Conference on State Legislatures, and the Eagleton 
Institute. 

From these organizations and groups come a host of ac- 
tivities to support and strengthen our efforts as legislators and 
legislatures. 

We in New Hampshire have not hesitated to take advan- 
tage of these new resources. 

Our small state is now facing a $600,000,000 proposal from 
Aristotle Onassis to build a complex that includes an oil re- 
finery and a massive off-shore loading and unloading complex. 

All of this is proposed to be located on New Hampshire's 
sixteen miles of coast line and in the same community that hosts 
our state university. 

This one plant would produce as much or more product 
than the six refineries now located in New Jersey to say nothing 
of the potential effects on the off-shore operations. The electric 
power needed to operate the refinery alone would nearly meet 
the needs of a city the size of Houston. All this in a small state 
of 750,000 people! 

Where does a small state legislature with almost no re- 
search capability turn for advice and assistance in making de- 
cisions of this size and potential importance? A few years ago, 
it would have been very difficult to find the help we so desperate- 
ly needed. 

We turned to the Council of State Governments. Their 
Interstate Clearinghouse quickly put together a team of con- 



226 House Journal, 13Mar74 

sultants from Texas, New Jersey and Maine. These are all states 
which have developed expertise in this field and were willing 
to detach a team to assist us. Through a series of hearings and 
workshops, we amassed a tremendous amount of data and back- 
ground material that is already invaluable to us as we debate 
the issue during our current special session. 

It should be made clear that this team did not come into 
New Hampshire to tell us whether we should or should not 
accept this refinery — but rather to help us objectively assess 
the pros and cons. This they did. 

A number of other states have used this service in a variety 
of ways including governmental restructuring, state motor 
pools, state revenue agency reorganization and data processing 
evaluation. 

Through the annual and periodic meetings and workshops 
of legislative leaders, legislators and legislative staff, a very 
significant effort is going on across the country to upgrade our 
entire effort in State government. These efforts have been well 
organized and have brought outstanding talent from the various 
state legislative agencies and departments into workshop situa- 
tions where a sharing of ideas, concepts and concerns does so 
much to improve our individual legislative operations. 

I recently had the honor of chairing a workshop with legis- 
lative staff people that included your State and others talking 
about partisan and nonpartisan staffing. This particular session 
generated a fine dialogue amongst the participants. 

I will not dwell further on this particular area but again 
would indicate this is a most helpful development and indi- 
cates to me that we as State legislators are determined to find 
ways to upgrade ourselves in our internal operations. 

I would like to comment on two particular organizational 
efforts on-going at this time. 

The Intergovernmental Relations Committee of the Na- 
tional Legislative Conference is another example of State Legis- 
lative effort to make its voice heard at the national level. Under 
the umbrella of I. R. C. are several task forces that deal exten- 
sively with the federal government. These task forces cover such 
vital areas as energy, education, natural resources, transporta- 
tion amongst several others. 



House Journal, 13Mar74 227 

Here we have a medium that brings the voice of State 
senators and representatives in direct contact with Washington 
in those specific areas that we are daily concerned with as we sit 
in our respective chambers in our State Capitols. 

We identify problems and take basic policy positions rela- 
tives to federal legislation and policies-making our input as we 
see it in the State — federal mix of government. 

As the task forces meet there are agenda organized by the 
N. C. L. staffers assigned to each task force that bring a wide 
range of federal people to the meeting — ranging from elected 
members of congress to congressional staff experts to experts 
from a variety of private foundations and organization to staff 
from the executive wing of our National government. Within 
the last year the Intergovernment Relations Committee in- 
cluded a meeting with the President of the United States and 
some of his cabinet members at the White House. 

Members from I. R. C. have testified at Congressional 
hearings — bringing to the attention of Congress our policy 
positions. 

The other organization that serves a most useful function 
is the Legislative Leaders Conference. Through this conference, 
those of us who have the responsibility of leadership meet to 
review and discuss the many aspects of our duties as leaders. 

At a recent meeting held in Washington, we not only used 
the workshop technique but also heard presentations from such 
people as Senator Hugh Scott of Pennsylvania and Senator 
"Scoop" Jackson of Washington. After presentation from Con- 
gressional leaders of this statute, a rap session is held that covers 
a wide range of topics that cannot but be of help to all who 
participate. 

Let me, at this point, quote a statement by Senator Edmund 
Muskie of Maine made a few years ago that bears on what I 
have just said — 

"We are concerned here with the role to be played by 
State Legislatures in a creative federal system. It is a critical role 
— perhaps a major determinant of the future course of Ameri- 
can federalism. . . . 

"We must initiate the reforms that will convert our State 



228 House Journal, 13Mar74 

Legislatures into responsible and respected — as well as repre- 
sentative — deliberative bodies. . . . 

"Put more bluntly, they are reforms that only an aroused 
citizenry and legislature can enact." 

This quote was made in the context of Senator Muskie 
serving as Chairman of the Subcommittee on Intergovernment- 
al Relations, Senate Committee on Government Operations. 

This is a reverse flow of what I was attempting to discuss 
about our I.R.C. Committee. 

Let me now move towards the conclusion of my remarks. I 
have put before you some thoughts of a State Legislator for one 
small State who is more determined to see our State Legislature 
take its rightful place in the scheme of things than ever before. 

Reflecting on this great American governmental structure 
of ours, I am convinced of the role we should play. We do need 
the outside help of people and organizations to help us keep 
moving forward but I submit that the only structure that ul- 
timately will keep our progress going is the legislative body it- 
self! 

We must have the faith in ourselves as an institution — a 
faith in what we, in State Government, are destined to do in this 
great experiment called American Government. 

Let me quote a piece of our New Hampshire Constitution 
that lays out our legislative responsibilities — 

"To make, ordain and establish all manner of wholesome 
and reasonable orders, laws, statutes, ordinances, directions and 
instruction either with penalties or without — " 

I believe I can fairly ask the question — can we not afford 
to strengthen ourselves to meet this challenge? 

We need to continue moving in the direction of annual 
sessions, improved staffing at all levels, physical facilities to 
work in, compensation, regional and national cooperation. 
These and a host of other improvements are coming on line 
across the nation. I would also state that from the legislative 
leadership must come much of the impetus to accomplish the 
above. In some states, consideration must be given to constitu- 
tional changes to unshackle our legislatures to meet 20th cen- 
tury responsibilities. 



House Journal, 13Mar74 229 

Think of the magnitude of the responsibilities and duties 
we have! Creating and modifying tax systems, allocating huge 
amounts of state and federal funds, contracting educational 
systems, protecting the health and welfare of our citizens, con- 
trolling the powers and capabilities of local governmental units, 
election laws and the establishment and operation of our courts 
and prisons. 

Let me close with a quote that better expresses some of 
what I have been trying to say — a quote from a person whom 
I hold in high regard — Al Abrams, Secretary of the New York 
Senate 

"Most editors, pressure groups, or rank-and-file citizens 
judge a legislature by simple criteria: 

1. What has it done for me lately? 

2. Has it voted my views? 

The criteria is essentially narrow, often emotional, not 
infrequently selfish. Reform groups use a different measuring 
rod: 

1. Is the legislature staffed enough, paid enough, housed 
adequately? 

2. Are its committees few in number, its structure stream- 
lined, its work open to the public? 

These criteria do not in themselves, while elemental, assure 
a vibrant legislature. You can have the best-staffed, best-housed, 
best-paid, annualized, computerized legislature and still have 
a legislative product as effective as Gomer Pyle. 

Legislative leaders need a different kind of evaluation sys- 
tem, nurtured in the belief that no people are truly free with- 
out a strong legislature, a powerful law-giving agency freely 
elected from local districts, representing the full flavor and di- 
versity of a people, its natural economic and political subdivi- 
sions around which pride and interests cluster. 

The criteria by which free people should judge their legis- 
lature is that it be sensitive, communicative, deliberative, in- 
vestive, respectfully, and judicial." 



The Speaker announced that Rep. Margaret S. Cote is 
celebrating a birthday today. 

On motion of Rep. Bell the House adjourned at 1:25 p.m. 



230 House Journal, 19Mar74 

Tuesday, 19Mar74 

The House met at 1 1 :00 o'clock. 

Prayer was offered by House Chaplain Rev. Joseph Y. 
Beaulieu. 

O Lord, Our God, give us the grace to discern Your guiding 
hand in all things, that being neither lifted up in vanity by 
success, nor cast down in despair by failure, we may press for- 
ward with hope and put our trust in You. Amen. 

PLEDGE OF ALLEGIANCE 
Rep. Zechel lead the pledge of allegiance. 

LEAVES OF ABSENCE 

Rep. Conley, the week, illness. 

Rep. Randall today and tomorrow, illness. 

Reps. Harvell, Joncas, Schwaner, David J. Bradley and 
Vesta M. Roy, the day, important business. 

Rep. Valliere, the week, illness in the family. 

Rep. Hoar, today and tomorrow, important business. 

SENATE MESSAGE 

CONCURRENCE 

HCR 5, establishing a schedule of legislative days for the 
remainder of the special session. 

HCR 3, relative to the protection of the New Hampshire 
COMMITTEE REPORTS 



fishing industry. 



compensating Rene Boucher for mileage while serving on 
the Committee of Voter Registration and Checklists. Ought to 
pass. Rep. Arthur E. Thompson for Claims, Military and Vet- 
erans Affairs. 

Ordered to Third Reading. 



House Journal, 19Mar74 231 

SB 15 

transferring permanent state prison employees from group 
I of the New Hampshire Retirement System to group II or from 
the State Employees' Retirement System to group II, and mak- 
ing an appropriation therefore. Ought to pass. Rep. Cushman 
for Executive Departments and Administration. 

Those present voted unanimously in favor of ought to pass 
as amended by the Senate. The committee feels that this is 
a necessary measure to attain upgrading for state prison 
employees. 

Referred To Appropriations. 

SB 26 

providing for retirement benefits for supreme and superior 
court justices. Ought to pass. Rep. Record for Judiciary. 

Provides retirement benefits for Supreme and Superior 
Court judges, no provision now except opportunity to serve 
as judicial referees. Unanimous vote by committee. 

Referred to Appropriations. 

HCR 6 

proclaiming March 26, 1974 as "Robert Frost Day." Ought 
to pass. Rep. Milne for Resolutions and Screening. 

Tribute to a great poet. 

Whereas, Robert Frost was born on March 26, 1874 and 
died a poet laureate at the age of 88 in 1963; and 

Whereas, following his marriage, Robert Frost moved to 
Derry, New Hampshire, to a farm on the Rockingham Road 
where for ten years he raised a family, attempted to make a 
living as a farmer, and ended up as an instructor at Pinkerton 
Academy; and 

Whereas, Robert Frost in 1912 left Derry and went abroad 
to England where he published his first book of poetry, A Boy's 
Will, which received the critical praise of Ezra Pound; and 

Whereas, Robert Frost went on to become a poet-in-resi- 
dence at Amherst College, to publish numerous books of poetry; 
to be poetry consultant to the Library of Congress; to be named 
Honorary Consultant to the Library of Congress in the Humani- 



232 House Journal, 19Mar74 

ties; to read his poems at lecture halls all over the world, culmi- 
nating in his reading "The Gift Outright" at the inaugural 
ceremony for President John F. Kennedy in 1961 as well as four 
Pulitzer Prizes for poetry and a Congressional Gold Medal; and 

WhereaSj although Robert Frost is claimed by many com- 
munities and colleges, his roots are deepest in New England and 
his years in Derry were not forgotten, as can be testified to by his 
poem about West Running Brook between his Derry Homestead 
and Pinkerton Academy; and 

Whereas, the United States Postal Service has chosen Derry, 
New Hampshire as the location at which to issue a Robert Frost 
Commemorative ten-cent stamp on March 26, 1974, the fourth 
of a series of commemorative stamps honoring American poets; 
now, therefore, be it 

Resolved by the House of Representatives, the Senate Con- 
curring: 

That March 26, 1974 is hereby proclaimed to be "Robert 
Frost Day" in the state of New Hampshire to honor his memory 
and his poetry that so well epitomized New England rural life. 

Ordered to Third Reading. 

RESOLUTION 

Rep. Zachos moved that all bills ordered to third reading, 
be read a third time by this resolution and that all titles of bills 
and captions of resolutions be the same as adopted, and that they 
be passed at the present time, unless otherwise ordered by the 
House, and that when the House adjourns today it be to meet 
tomorrow at 11:00 a.m. 

Adopted. 



House Journal, 20Mar74 233 

Third reading and final passage. 

SJR 1, compensating Rene Boucher for mileage while 
serving on the Committee of Voter Registration and Checklists. 

HCR 6, proclaiming March 26, 1974 as "Robert Frost Day." 

On motion of Arthur E. Thompson the House adjourned 
at 11:33 a.m. 



Wednesday, 20Mar74 

The House met at 1 1 o'clock. 

Prayer was offered by House Chaplain Rev. Joseph Y. 
Beaulieu. 

O Lord, Our God, You know our every need. Grant us 
wisdom to know what things to ask for, and grace to accept 
and use the powers which You are ready to bestow. 

We ask this through Christ Our Lord. Amen. 

PLEDGE OF ALLEGIANCE 
Rep. Coburn led the pledge of allegiance. 

LEAVE OF ABSENCE 

Rep. Bernard of Dover, the week, illness. 

Former Majority Floor Leader of the House John Pillsbury 
was introduced and spoke on the Life of Robert Frost, since this 
is Robert Frost Week and he is one of the members of the N. H. 
Frost Trustees. 

SENATE MESSAGE 

CONCURRENCE 

HB 20, increasing the interest rate of housing authority 
bonds. 

HB 19, increasing the amount of political expenditures 



234 House Journal, 20Mar74 

authorized for candidates in primary and general elections seek- 
ing the office of governor, U. S. senator, representative in con- 
gress, governor's councilor, county officer, state senator or rep- 
resentative to the general court. 

HCR 6, proclaiming March 26, 1974 as "Robert Frost 
Day." 

ENROLLED BILLS REPORT 

HB 19, increasing the amount of political expenditures 
authorized for candidates in primary and general elections 
seeking the office of governor, U. S. senator, representative in 
congress, governor's councilor, county officer, state senator or 
representative to the general court. 

HB 20, increasing the interest rate of housing authority 
bonds. 

HB 23, continuing present city of Somersworth's elected 
officials in office until the next regular election, and legalizing 
the election of delegates to the constitutional convention from 
the old wards of said city. 

SJR 1, compensating Rene Boucher for mileage while 
serving on the Committee of Voter Registration and Check- 
lists. 

Mabel L. Richardson 

For The Committee. 



Reps. George B. Roberts, Jr. and Coutermarsh offered the 
following resolutions: 

RESOLUTIONS 

Whereas, we have learned with regret of the deaths of the 
following members of the House of Representatives: 

Rep. Edmond Allard of Manchester 

Rep. Charlotte P. Cogswell of Dover 



House Journal, 20Mar74 235 

Rep. Frank T. Conway of Manchester 

Rep. Romeo A. Desilets of Berlin 

Rep. Ernest W. Fletcher of Goffstown 

Rep. Charles H. Gay of Derry 

Rep. Jacob M. Hackler of Swanzey 

Rep. Henry M. Lovejoy of Northwood 

Rep. Elmer H. Southard of Littleton 

Rep. Donald Sylvain of Rochester 

Rep. Hector Trombly of Nashua 

Rep. Marcel A. Vachon of Manchester 

Rep. Ralph W. Canney of Farmington and Former Rep- 
resentatives 

Roy M. London of New London 

Jesse R. Rowell of Newport and 

Wayne Shirley of Durham 

Whereas, these Representatives have served their com- 
munities faithfully and with efficiency and our loss will be 
keenly felt, therefore be it 

Resolved, that we, the members of the House of Repre- 
sentatives in General Court convened, do hereby extend our 
sympathy to their families, and be it further 

Resolved, that a copy of these resolutions be transmitted 
to their families. 

Adopted by a rising vote and a minute of silent prayer. 

SENATE MESSAGES 

CONCURRENCE HCR WITH 
SENATE AMENDMENT 

HCR 2, establishing a joint committee to study the rail- 
road conditions and related matters in the state of New Hamp- 
shire. 



236 House Journal, 20Mar74 

(Amendment printed SJ March 19) 

Rep. Chase moved that the House concur. 

Rep. Newell spoke in favor of the motion. 

Adopted. 

CONCURRENCE HB WITH 
SENATE AMENDMENT 

HB 16, permitting public accountants to form a profes- 
sional association. 

(Amendment printed SJ March 19) 

Rep. Chase moved that the House concur with the Senate 
amendment. 

Rep. Chase explained the Senate amendment. 

Adopted. 

CONCURRENCE HB WITH 
SENATE AMENDMENT 

HB 15, relative to redistricting the ward Hnes of the city 
of Laconia. 

(Amendment printed SJ March 19) 

Rep. Maguire moved that the House concur with the Sen- 
ate amendment. 

Adopted. 

COMMITTEE REPORTS 

SB 10 

estabHshing a sire stakes program and a standardbred 
breeders and owners development agency. Ought to pass. Rep. 
Greene for Environment and Agriculture. 

The bill establishes a New Hampshire sire stakes program 
funded by part of the breakage from harness races. Unani- 
mously supported by the committee. 

Rep. Plourde offered an amendment. 

AMENDMENT 
Amend RSA 426-A:l as inserted by section 1 of the bill 



House Journal, 20Mar74 237 

by striking out said section and inserting in place thereof the 
following: 

426-A: 1 Standardbred Breeders and Owners Development 
Agency Established. There is hereby established within the 
department of agriculture the standardbred breeders and own- 
ers development agency of New Hampshire, hereafter referred 
to as the agency. The powers of the agency shall be vested in 
a board of five trustees to be selected as follows: four members 
shall be appointed by the governor and council, one of whom 
shall be a member of the Standardbred Breeders and Owners 
Association of New Hampshire, and one of whom shall repre- 
sent New Hampshire racing interests and two of whom shall 
represent the general public; and the commissioner of agricul- 
ture. When the board is first established, one member of the 
Standardbred Breeders and Owners Association of New Hamp- 
shire and one member of the general public shall serve two- 
year terms; the other appointed members shall serve one-year 
terms. Thereafter, appointments shall be for two-year terms. 
Members of the board shall not be entitled to any compensa- 
tion, but are entitled to reimbursement for mileage and ex- 
penses incurred in carrying out their duties. Each member 
shall serve until his successor is appointed and qualified. Va- 
cancies shall be filled for the unexpired term. 

Amend RSA 426-A:4 as inserted by section 1 of the bill 
by striking out said section and inserting in place thereof the 
following: 

426-A: 4 Sire Stakes Races. Sire stakes races shall be run 
at all licensed harness tracks in this state, subject to rules and 
regulations governing such races promulgated by the board of 
trustees after consultation with the New Hampshire racing 
commission. 

The clerk read the amendment in full. 

Rep. Plourde explained his amendment. 

(discussion) 

Rep. Greene spoke in favor of the Plourde amendment. 

Plourde amendment adopted. 

Rep. Daniell moved that the words, inexpedient to legis- 



238 House Journal, 20Mar74 

late, be substituted for the committee report, ought to pass, 
and spoke in favor of the motion. 

Reps. Read and Plourde spoke against the motion. 

Rep. Oleson spoke in favor of the motion. 

(discussion) 

Reps. Tirrell and Burns non-spoke against the motion. 

Rep. Copenhaver non-spoke in favor of the motion. 

Rep. Elmer A. Johnson spoke against the motion. 

Rep. Tucker moved the previous question. 

Sufficiently seconded. 

Motion lost. 

Referred to Appropriations. 

SB 18 

providing additional cost of living increases for retired 
members of the N. H. Teachers' Retirement System, the N. H. 
Policemen's Retirement System, the N. H. Firemen's Retire- 
ment System, the N. H. Retirement System and the State Em- 
ployees Retirement System, and making an appropriation there- 
for; providing for compensatory contributions for interrupted 
service; and providing for an actuarial study of prefunding to 
be paid out of escrowed funds derived from an interest assump- 
tion change. Ought to pass. McLane for Executive Departments 
and Administration. 

This is essential legislation to provide N. H.'s retired teach- 
ers, policemen, firemen, state employees and members of 
the N. H. Retirement System a necessary cost of living in- 
crease. The bill also calls for a thorough study of the fund- 
ing of the system and makes provisions for former members 
to rejoin the system. 

Referred to Appropriations. 

SB 6 

relative to landlord-tenant relations. Majority: Ought to 
pass with amendment; Rep. McManus for Judiciary. Minority: 
Inexpedient to legislate. (Rep. Brungot) 

This bill provides a reasonable administrative and court 



House Journal, 20Mar74 239 

review procedure for landlord and tenant rights presently 
protected by New Hampshire Supreme Court decisions. 
Proposed amendment increases from 48 hours to three 
working days the time allowed for inspection of premises. 

Rep. Nelson moved that the report of the minority, inex- 
pedient to legislate, be substituted for the report of the ma- 
jority, ought to pass with amendment, and spoke in favor of 
the motion. 

(discussion) 

Reps. Sayer, Gordon, Brungot, Senter and Rich spoke 
in favor of the motion. 

Reps. Stevenson, Gorman, Maguire, Geiger, Dwyer and 
Curran non-spoke in favor of the motion. 

Reps. McManus, Symons and Madeline C. Townsend 
spoke against the motion. 

Reps. Fred E. Murray, Zachos, Close, Pierce, Nighswan- 
der, Gallen, Albert C. Jones, Daniell, Spirou, Hager and Mc- 
Lane non-spoke against the motion. 

Reps. Cobleigh, Dupont and Boisvert moved the previous 
question- 
Sufficiently seconded. 
Adopted. 
A division was requested. 

143 members having voted in the affirmative and 118 in 
the negative, the motion carried. 

RECONSIDERATION 

Rep. Nelson moved reconsideration on SB 6, relative to 
landlord-tenant ^-elations. 

Reconsia nation lost. 



Rep. Drake addressed the House on the fiscal condition 
of the state. 



240 



House Journal, 20Mar74 



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House Journal, 20Mar74 241 



Ai'PROPRIATlONS C0>5!irri:E 

Projection cf Kiri'.'.'ay Reserve and Ur;ij^propriated Surpius 

for tiic };icnniur. Kr.ding June 30, 1975 

Fisral Ye ar 197^ Fiscal Yenr 1975 

Estimated Unappropriated Surplus $ 3,885,965 $ 3,657 175 

(Beginnir.i; of year) 

Highvay Inventory Fund (Ch. 375:60, L '73) 396,736 

Estin-.a'-ed Unrestricted Fscvcnue: 

Gasoline JJocd Toll (Revised) $33,714,836 $35,593,800 

Motor Vehicle Fees 19,542,000 20,000,000 

Miscellaneous 525,000 525.000 

Total Unrestricted Revenue 53,761.836 56,118,800 

Estinated Funds available $58,064,537 $59,775,975 

Appropriated Funds (Lavs of 1973): 
Operating budget (Ch. 376:2 

thru 56) $61,370,221 $62,082,664 

Additional payroll section 7't, 

VII of operating hudcet 458,506 

Legislative specials 1,171.271 1.9^^8.^69 

Total opnrcpr:.c>ted fund-; ?63,000,398 $6<»,03i,533 

Less, LstJr.ated Lapses 700.000 62,300,398 7QO,000 63. 331. 533 

Esticated operating Deficit ($ 4,235,861) ($ 3,555,553) 

Bonds authorized (Ch. 376:65, L '73) 3 . OOP . 000 3,000,000 

Estimated Deficit ($ 1,235,861) ($ 555,558', 

Additions: 

Net lapse to fund hy K3 1 

as introduced 1,837,845 630,056 

Additional lapse as ;ir:rr.dcd 1,655,191 1,868,902 

Nat lapse resulting, ircr: revised 

Federal ratios vho;; .-.rpJicd to 

csistin,' balances fori-ard (Pept. 

<'sCi--'''-c) 1,<!}00.000 



Estirati'd surplus fcuv.yd to fi;;ci.i ]?73 $ 3.657.175 

Fstir.ilcd sv.rplus Ji.^'.o :)0, 1975 $ 1,943,400 



242 House Journal, 20Mar74 



APPROPRIATIONS COMMITTEE 

Projection of Highway Reserve and Unappropriated Surplus 

for the Biennium Ending June 30, 1975 

Fiscal Year 1974 Fiscal Year 1975 

Estimated Unappropriated Surplus $ 3,885,965 $ 3,657,175 

(Beginning of year) 

Highway Inventory Fund (Ch. 376:60, L '73) 396,736 

Estimated Unrestricted Revenue: 

Gasoline Road Toll (Revised) $33,714,836 $35,593,800 

Motor Vehicle Fees 19,542,000 20,000,000 

Miscellaneous 525,000 525.000 

Total Unrestricted Revenue 53.781,836 56,118,800 

Estimated Funds available $58,064,537 $59,775,975 

Appropriated Funds (Laws of 1973): 
Operating budget (Ch. 376:2 

thru 56) $61,370,221 $62,082,664 

Additional payroll section 74, 

VII of operating budget 458,906 

Legislative specials 1.171,271 1,948,869 

Total aopropriatpd funds $63,000,398 $64,031,533 

Less,' Estimated Lapses 700,000 62.300,398 700,000 63,331,533 

Estimated operating Deficit ($ 4,235,861) ($ 3,555,558) 

Bonds authorized (Ch. 376:65, L '73) 3,000.000 3.000,000 

Estimated Deficit ($ 1,235,861) ($ 555,558) 

Additions: 

Net lapse to fund by HB 1 /■ "N 1^ 

as Introduced 



f* 1,837,845"^ , */ 630,0561 At?^ 

{ l,655,19l/3,V«,»Jt \l,868,9n2/>;V^ 



Additional lapse as amended 

Net lapse resulting from revised 

Federal ratios vhcn applied to 

existing balances forward (Dept. 

estimate) 1,400,000 

Estimated surplus forward to fiscal 1975 $ 3,657,175 

Estlrated surplus June 30, 1975 $ 1,943.400 

jl^Bl as amended: 

Article I & II Inflation Appro ($ 975,224) ($ 1,490,803) 

Article IV - Increase Safety Ret. ( 137,346) — 

Article IV - Reductions: 

Betterments 1,400,000 1,400,000 

Hwy Garage Equip. 300,000 200,000 

Fed Aid Cons. 2,264,206 1,701,136 

Community Assistance 641.400 688.625 

$3.493.036 $ 2.498.958 



House Journal, 20Mar74 



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244 



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House Journal, 20Mar74 245 



APPROPRIATIOHS COMMITTEE 
PEOJECTIOK OF DEPARTMEBT OF FISH AND GAME UNAPPROPRIATED SURPLUS 
FOR THE BIENNIUM ENDING JUNE 30, 1975 

Estimated Unappropriated Surplus Balance 
forward 

Estimated Unrestricted Revenue 

Fish & Game 'Revised) 

Marine 

Recovery from Force Account 

Road Toll - Boat Fund 

Off-Highway Recreation Vehicles (Revised) 
Total Estimated Unrestricted Revenue 

Estimated Funds Available 

Appropriated Funds : 

Operating Budget (HB 1 As Amended) 

Legislative Specials - Laws 1973 

Workmens' Compensation Payments 
Chap U80 Laws of '73 processd in 
fiscal 197'* (gas tanks) 

Total appropriated funds 

Available F\inds for Legislative specials 

Pending Legislation and Reserve for 
Workmen's Compensation 
House Bill 1 

Section 31 - Retirement $ 109,798 

Provision for Workmens' Compensation 
Payments (3,300 X 5 for 197lt) 
(X 12/75) 16.500 126.298 39.600 39.600 

Estimated Balance Forward to Fiscal 1975 $ 15**. 972 

Estimated Unappropriated Surplus 

Balance June 30, 1975 $ I6U.200 



FISCAL 1971* 






FISCAL 1975 




$ 


250, 


,093 




$ 15lt,9T2 


$2,031,385 

70,500 

80,000 

33,21(6 

150.000 


_2 


,36?, 


.IIL 


$2,062,232 

70,500 

50,000 

33,000 

190,000 


2.1*05.732 




$2,615,221* 




$2,560,70!* 


$2,203,1*12 








$2, 171*, 360 




106,733 








182, suu 




22,732 








- 




1,077 


_2 


,333,95't 


_ 








2.356.90U 




$ 


281, 


,270 




$ 203,800 



246 



House Journal, 20Mar74 






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House Journal, 20Mar74 247 

The Speaker ordered the remarks made by Rep. Drake 
printed in the Journal. 

(discussion) 

COMMITTEE REPORTS CONTINUED 

SB 19 

specifying procedures for termination of residential gas or 
electric services. Ought to pass with amendment. Rep. Record 
for Judiciary. 

Provides for procedure to be followed prior to termina- 
tion of gas or electric service. Present practice. Amendment 
gives customer right to have conference by mail or tele- 
phone. 

AMENDMENT 

Amend RSA 363-B:2, I, as inserted by section 1 of the bill 
by inserting at the end of said paragraph the following (The 
conference with the commission may be conducted by writing 
or telephone if the customer so elects.) , so that said paragraph 
as amended shall read as follows: 

I. Any person who receives a notice of intent to terminate 
service pursuant to RSA 363-B:l and believes such proposed 
termination to be unjustified may request, prior to the date 
specified in the termination notice, a conference with the utility 
company involved to review the basis for the proposed termina- 
tion. If the customer is dissatisfied with the outcome of the con- 
ference he may, within three days after the conference, request 
a conference with a staff member of the commission to review 
the basis for the proposed termination. The conference with 
the commission may be conducted by writing or telephone if 
the customer so elects. 

Amendment adopted. 

Ordered to third reading. 

SB 7 

relative to capital improvements to the Mount Washing- 
ton summit and making an appropriation therefor. Ought to 
pass. Rep. Dame for Public Works. 



248 House Journal, 20Mar74 

The state purchased land and buildings on the summit of 
Mt. Washington in 1964 for use as a state park facility. 
For several years prior to this time and since, governors 
have appointed study committees to study development of 
the summit. In 1969 a Mt. Washington commission was es- 
tablished by the Legislature to continue with the studies 
and to present a development plan for legislative consider- 
ation. 

SB 7 presents the commission recommendation. The bill 
proposes an appropriation for capital improvements on the 
summit. It also establishes a Mt. Washington fund which 
will be composed of fees received from the use or lease of 
the new state owned facilities. It will include the sizable 
donations which the commission plans to obtain through 
solicitation of private interests. The purpose of the fund 
will be to pay the principal and interest on the bonds is- 
sued for the project. 

Referred to Appropriations. 



House resolution requesting an advisory opinion from the 
Attorney General relative to manpower training and other fed- 
eral programs. Refer to Committee on Municipal and County 
Government. Rep. Milne for Resolutions and Screening. 

Referred to Municipal and County Government. 



In honor of those members who have served twenty or more 
years in the New Hampshire General Court Resolutions were 
presented to the following Representatives. 

Rep. Fayne E. Anderson 

Rep. Agenor Belcourt 

Rep. Kenneth G. Bell 

Rep. L. Waldo Bigelow 

Rep. Hilda C. F. Brungot 

Rep. Walter O. Bushey 

Rep. Edward D. Clancy 

Rep. C. Cecil Dame 



House Journal, 20Mar74 249 

Rep. Edwin W, Eastman 
Rep. Guy J. Fortier 
Rep. Martha McD. Frizzell 
Rep. Rebecca A. Gagnon 
Rep. Daniel J. Healy 
Rep. Lucien J. Lambert 
Rep. F. Albert Sewall 
Rep. Earle L. Soule 
Rep. Doris Spollett 
Rep. Malcolm J. Stevenson 



Rep. Goodrich is celebrating a birthday today. 

RESOLUTION 

Rep. George B. Roberts, Jr. moved that SB 19, be read 
a third time by this resolution and that the title be the same 
as adopted, and that it be passed at the present time, unless 
otherwise ordered by the House, and that when the House ad- 
journs today it be in honor of those who have served twenty 
or more years as Legislators, to meet Tuesday next at 1 1 :00 a.m. 

Adopted. 

Third reading and final passage 

SB 19, specifying procedures for termination of residen- 
tial gas or electric services. 

MILEAGE REPORT 
NEW MEMBERS 

Miles 
CHESHIRE COUNTY 

Dist. 5 (Swanzey) 

Augustine J. Marshala, Swanzey 60 

Dist. 15 (Keene, Ward 4) 

Muriel K. Cooke, Keene 56 



250 House Journal, 20Mar74 

GRAFTON COUNTY 

Dist. 14 (Lebanon, Wards 1, 2, & 3) 

Joanne L. Symons, Lebanon 61 

HILLSBOROUGH COUNTY 

Dist. 8 (Goffstown) 

Armand A. Archambault, Goffstown 24 

Jo Ellen Orcutt, Goffstown 17 

Antonio J. Roy, Jr., Goffstown 16 

Dist. 18 (Nashua, Ward 3) 

Robert D. Tropea, Nashua 35 

Dist. 26 (Manchester, Ward 12) 

James A. Normand, Manchester 21 

Dist. 30 (Manchester, Ward 6) 

Dorothy J. Drewniak, Manchester 25 

ROCKINGHAM COUNTY 

Dist. 4 (Derry) 

Paul A. Gibbons, Derry 27.5 

Dist. 15 (North Hampton, Stratham) 

Franklin Wolfsen, North Hampton 50 

STRAFFORD COUNTY 

Dist. 1 1 (Rochester, Ward 4) 

Arthur Gagnon, Rochester 42 

Dist. 17 (Dover, Ward 5) 

Leo E. Lessard, Dover 38 

The Mileage Committee wishes to thank those members 
who served during the Special Session as Monitors and Alter- 
nates. 

BILLS PRESENTED TO THE GOVERNOR 
ON MARCH 20 FOR ACTION 

HB 19, increasing the amount of political expenditures 
authorized for candidates in primary and general elections 
seeking the office of governor, U. S. senator, representative in 



House Journal, 26Mar74 251 

congress, governor's councilor, county officer, state senator or 
representative to the general court. 

HB 20, increasing the interest rate of housing authority 
bonds. 

HB 23, continuing present city of Somersworth's elected 
officials in office until the next regular election, and legalizing 
the election of delegates to the constitutional convention from 
the old wards of said city. 

SJR 1, compensating Rene Boucher for mileage while 
serving on the Committee of Voter Registration and Checklists. 

On motion of Rep. Joseph L. Eaton the House adjourned 
at 2:23 p.m. 



Tuesday^ 26Mar74 

The House met at 11:00 o'clock. 

Prayer was offered by House Chaplain Rev. Joseph Y. 
Beaulieu. 

O Lord, our God, as we celebrate the 100th Anniversary of 
the birth of Robert Frost, give us the vision and the sensibility 
of the poet, that we may always work for the good, the true, and 
the beautiful. We ask this through Christ, Our Lord. Amen. 

PLEDGE OF ALLEGIANCE 

Rep. Cooke led the pledge of allegiance. 

LEAVES OF ABSENCE 

Rep. Randall of Seabrook, the day, illness. 

Rep. Pierce of Laconia, today and tomorrow, important 
business. 

Rep. Casassa of Hampton, indefinite, important business. 

Rep. Erickson of Nashua, the week, important business. 

Rep. Record of Nashua, the day, important business. 



252 House Journal, 26Mar74 

SENATE MESSAGES 

CONCURRENCE 

HB 25, changing the reporting date for the study commis- 
sion on the problems of unemployed citizens in New Hamp- 
shire. 

HB 12, conforming tax commission references in the cur- 
rent use taxation law to the revised revenue administration laws. 

CONCURRENCE SB WITH HOUSE AMENDMENT 

SB 19, specifying procedures for termination of residential 
gas or electric services. 

CONCURRENCE HB WITH 
SENATE AMENDMENT 

HB 7, permitting municipalities to establish, acquire, 
maintain and operate public transportation facilities in coop- 
eration with governmental units of adjoining states and per- 
mitting broader cooperation in furnishing of municipal ser- 
vices. (Amendment printed in SJ March 20) 

Rep. Hanson moved that the House non-concuf in the 
Senate amendment and that a Committee of Conference be 
established. 

(discussion) 

Adopted. 

The Speaker appointed Reps. Benton, Cate, Burke, Han- 
son and Timothy J. O'Connor. 

INTRODUCTION OF SENATE RESOLUTIONS 

SJR 3, establishing a committee to study highway safety 
and motor vehicles weight, length and width requirements. 

Referred to Committee on Rules. 

SCR 3, relative to school safety patrol. 

CONCURRENCE 

Reps. French and Milne moved that the House concur. 
Adopted. 



House Journal, 26Mar74 

ENROLLED BILLS REPORT 

HB 12, conforming tax commission references in the cur- 
rent use taxation law to the revised revenue administration 
laws. 

HB 15, relative to redistricting the ward lines of the city 
of Laconia. 

HB 16, permitting public accountants and nurses to form 
registered professional associations. 

HB 25, changing the reporting date for the study commis- 
sion on the problems of unemployed citizens in New Hamp- 
shire. 

SB 19, specifying procedures for termination of residen- 
tial gas or electric services. 

SUPREME COURT DECISION 

To the House of Representatives: 

The undersigned justices of the supreme court submit the 
following reply to the inquiries contained in your resolution 
adopted March 7, 1974, as amended by your supplementary 
resolution adopted March 13, 1974. 

House bill 34 is entitled "An Act relative to energy facility 
evaluation, siting, construction and operations and providing 
for a tax on refined petroleum products." The first part provides 
for the enactment of RSA ch. 162-H establishing a procedure 
for the review, approval, monitoring and enforcement of com- 
pliance in the planning, siting, construction and operation of 
energy facilities in this State including oil refineries. The sec- 
ond part (section 4 of the bill) would enact RSA ch. 78-C en- 
titled "Refined Petroleum Products Tax" to the provisions of 
which your questions appear to be directed. 

Question No. 1 reads as follows: "Is the classification of 
refined petroleum products a legitimate classification of prop- 
erty under Article 6 of Part Second of the Constitution of New 
Hampshire?" 

It is well established that our legislature has liberal powers 
with respect to the classification of taxable property. Opinion 
of the Justices, 111 N.H. 131, 134, 276, A.2d 817, 819 (1971). 



254 House Journal, 26Mar74 

A reasonable classification which is sufficiently inclusive to con- 
stitute a distinctive class will be upheld. Opinion of the Justices, 
97 N.H. 543, 544, 81 A.2d 851, 852 (1951) . The property to be 
taxed under the proposed bill is refined petroleum products 
which include "motor oil, kerosene, residual oil, fuel oil, gaso- 
line, petroleum asphalts, road oils and other distillates and 
petrochemicals produced from crude petroleum by any person 
in this state." 

The uses and storage of such products are regulated by 
law because they are highly inflammable and constitute a hazard 
to the public safety unless handled with care. RSA 153:14 
(Supp. 1973); RSA 339:22-26 (Supp. 1973). Products of this 
class are generally recognized as subjects of taxation. Opinion 
of the Justices, 88 N.H. 500, 505, 190 A. 801, 805 (1937) ; also 
Tirrell v. Johnson, 86 N.H. 530, 536, 171 A. 641, 644 (1934) . 
The method of their manufacture is distinctive and tlie end 
products are markedly different from all other kinds of fuel and 
energy. The incidence of the tax would depend upon a char- 
acteristic event not common to other property. Havens v. At- 
torney General, 91 N.H. 115, 119, 14 A.2d 636, 638 (1940). 

We are of the opinion that refined petroleum products 
constitute a legitimate classification of property under N. H. 
CONST, pt. II, art. 6. Havens v. Attorney General supra; Opin- 
ion of the Justices, 94 N.H. 506, 52 A.2d 94 (1947) ; Opinion 
of the Justices, 111 N.H. 131, 134, 276 A.2d 817, 819 (1971). 
The answer to question No. 1 is "Yes." 

Question No. 2 is the following: "Is the exemption for 
refined petroleum products produced for distribution in New 
Hampshire a permissible exemption?" It has been stated that 
under our constitution "[t]he power of the legislature to 
classify property into taxable and non-taxable groups includes 
power to grant reasonable exemption from taxation. ... 'If the 
distinction made is a reasonable one, in the sense that it may 
be deemed to be just, it is sufficient' [citation omitted]. The 
resulting inequality or discrimination against unexempted 
property is not fatal to the constitutionality of the exemption.' " 
Opinion of the Justices, 87 N.H. 490, 491, 178 A. 125, 126 
(1935) ; Opinion of the Justices, 97 N.H. 533, 536, 81 A.2d 845, 
848 (1951). The exemption of refined petroleum products 
produced for distribution and consumption within this State 
is intended to insure an adequate supply of these products thus 



House Journal, 26Mar74 255 

promoting the State's general welfare. This constitutes a just 
reason for the exemption. Opinion of the Justices, 88 N.H. 500, 
511, 190 A. 801, 808 (1937) ; Opinion of the Justices, 112 N.H. 
32, 34, 287 A.2d 756, 757 (1972) . 

We must take judicial notice that there is no oil refinery 
presently operating in this State. Hence the volume of petro- 
leum products to be produced by a future refinery, and the 
proportion to be sold here or in interstate commerce, must 
necessarily be conjectural. It is well-established federal laAv 
that State taxation, whatever its form, which discriminates 
against interstate commerce is invalid. The crude oil received 
from outside New Hampshire will have ceased to be in inter- 
state commerce at the time of its refining in this State, which 
is the taxable event, and will not then have reentered the stream 
of interstate commerce. Coe v. Errol, 116 U.S. 517, 29 L. Ed. 
715, 6 S. Ct. 475 (1886) ; United Air Lines, Inc. v. Mahin, 410 
U.S. 623, 630, 35 L. Ed. 2d 545, 93 S. Ct. 1186, 1191 (1973). 
Thus no burden upon interstate commerce will result from the 
tax. See Coe v. Errol, 62 N.H. 303 (1882) . The substantial ser- 
vices which this State will provide the refinery such as police and 
fire protection and public access roads, may rationally be con- 
sidered to justify limiting the tax to products destined to be 
sold outside of New Hampshire. United Air Lines, Inc. v. 
Mahin supra; see Northeast Airlines, Inc. v. Aeronautics 
Comm'n, 111 N.H. 5, 273 A.2d 676 (1971) . However, the deter- 
mination of whether the exemption in question would render 
the tax on such products discriminatory against interstate com- 
merce is within the jurisdiction of the federal courts in the last 
instance. 

It follows that our answer to question No. 2 is "Yes" the 
proposed exemption is permissible under our constitution. 
However we cannot state unequivocally that it is also permiss- 
ible under the federal constitution. 

Your question No. 3 asks: 'Is the imposition of a barrel 
tax on refined petroleum products a valid exercise of the state's 
taxing power?" The bill proposes a tax at a flat rate of five cents 
per barrel of petroleum products produced. The absence of a 
refinery in this State again renders necessary the making of 
certain assumptions on which to base an answer. If two refineries 
should locate in this State and produce various petroleum prod- 
ucts each having a different value, the flat rate of five cents per 



256 House Journal, 26Mar74 

barrel would result in a tax at different rates on the products of 
the two producers and thus violate the uniformity and propor- 
tionality requirements of N.H. CONST, pt. II, art. 5, and 
would be unconstitutional. In the absence of any factual basis 
by which to determine the effect of the application of a barrel 
tax, we must answer question No. 3 "No." 

Question No. 3-a reads as follows: "Would it be a valid 
exercise of the state's taxing powers to amend the taxing pro- 
visions of the proposed statute so as to provide that the tax in 
question be levied as an ad valorem tax, namely, a reasonable 
and uniform percentage of the fair value per barrel of such 
refined petroleum products?" As we said in answer to question 
No. 1, the petroleum products to be taxed under this bill con- 
stitute a distinctive class of property which has been generally 
recognized as a proper subject of taxation. Havens v. Attorney 
General, 91 N.H. 115, 14 A.2d 636 (1940). The incidence of 
the tax depends upon a characteristic or distinctive event, the 
refining of crude oil to petroleum products. The tax proposed 
by this question would be at a reasonable and uniform per- 
centage of the fair value of each barrel of the refined products. 
We are of the opinion that such a tax Avould meet the require- 
ments of the New Hampshire constitution. Opinion of the 
Justices, 94 N.H. 506, 52 A.2d 294 (1947) ; see Opinion of the 
Justices, 111 N.H. 131, 134, 276 A.2d 817, 820 (1971). 

The local activity of refining would not be an integral part 
of interstate commerce and no other State could impose a simi- 
lar tax for the incidence of refining which took place here. Cf. 
Michigan-Wisconsin Pipe Line Co. v. Calvert, 347 U.S. 157, 166, 
98 L. fed. 584, 591, 74 S. Ct. 396, 401 (1954) . The fact that after 
refining, some part of the resulting products might be sold 
within the State and part outside in interstate commerce would 
not affect the power of New Hampshire to tax it. Nashville C. & 
St. L. R. Co. V. Wallace, 282 U.S. 249, 75 L. Ed. 322, 51 S. Ct. 
153 (1932). 

We are of the opinion that the tax proposed in question 
No. 3-a would not violate our State constitution or the Federal 
Constitution and would be valid. Our answer to question No. 
3-a is "Yes." 

Your question No. 4 reads: "In all respects, other than those 
to which the preceding three questions relate, is the proposed 
statute constitutional upon its face?" The limitation of time, if 



House Journal, 26Mar74 257 

our answer is to be of assistance to you, precludes review of 
sections other than section 4 of House bill 34, and we respect- 
fully ask to be excused from further answer. 

Frank R. Kenison 
Laurence I. Duncan 
Edward J. Lampron 
Robert F. Griffith 

March 20, 1974 

To the House of Representatives 

I share the views of the other justices except as to question 
No. 2. Although the proposed statute is phrased in terms of an 
exemption of products "produced for distribution and con- 
sumption within the state," its effect is to impose a tax only on 
those products which enter interstate commerce. 

There is no question but that interstate commerce can 
be made to pay a nondiscriminatory share of the tax burden. 
The cases cited by the other justices {Coe v. Errol, 116 U.S. 517 
(1886)) and United Airlines, Inc. v. Mahin, 410 U.S. 623 
(1973) were both cases where the tax fell equally on both intra- 
state and interstate commerce. In McGoldrick v. Benvind-White 
Coal Mining Co., 309 U.S. 33, 84 L. Ed. 565, 60 S. Ct. 388 
(1940) , a tax on the sale of coal was upheld because it was 
applied equally to all coal sold whether it went into intrastate 
or interstate commerce. 

Federal cases emphasize that any tax on interstate com- 
merce must be nondiscriminatory and that a state may not pro- 
mote its own economic advantages by placing a burden on 
interstate commerce. See for example Henneford v. Silas Mason 
Co., 300 U.S. 577, 81 L. Ed. 814, 57 S. Ct. 524 (1937) ; Alaska 
V. Arctic Maid, 366 U.S. 199, 6 L. Ed. 2d 227, 81 S. Ct. 929 
(1961) ; North Western Cement Co. v. Minnesota, 358 U.S. 450, 
3 L. Ed. 2d 421, 79 S. Ct. 357 (1958) ; H. P. Hood & Sons v. 
DuMond, 336 U.S. 525, 93 L. Ed. 865, 69 S. Ct. 657 (1949) ; 
Commonwealth of Pennsylvania v. State of West Virginia, 262 
U.S. 553, 67 L. Ed. 1117, 43 S. Ct. 658 (1923). 

Because of the substantial loss which the State would suffer 
in tax revenues in the event of the invalidation by the federal 
courts of the statute if enacted with the exemption, I simply 
wish to alert the House of Representatives to that provision of 



258 House Journal, 26Mar74 

the proposed act which I think makes its validity under the 
Federal Constitution suspect. Whether the risk should be taken 
is of course not for us to determine. 

William A, Grimes 
March 20 1974. 

The Speaker announced that Mr. Richard Ahern brought 
his grandfather's gavel in for ceremonial use. 

William J. Ahern, Democrat, Representative for 16 terms 
1896-1928. Speaker in 1928 session. This is the gavel presented 
to him. 

Richard Ahern and sister are in gallery. 

COMMITTEE REPORTS 

SB 22 

establishing a study committee to develop a plan to provide 
public assistance to private institutions of higher learning in 
this state. Ought to pass with amendment. Rep. Hager for Edu- 
cation. 

There have been several tuition bills entered into the 
legislature recently. This bill will establish a committee to 
study the various ideas about funding for private higher 
education. 

AMENDMENT 

Amend the bill by striking out section 1 and inserting in 
place thereof the following: 

1 Committee to Study Assistance for Private Higher Educa- 
tion. There is hereby established an interim study committee to 
study and develop a plan for providing public assistance to pri- 
vate institutions of higher learning in this state. The committee 
shall consist of two senators appointed by the president of the 
senate, three members of the house of representatives appointed 
by the speaker of the house, and three persons jointly appointed 
by the president of the senate and the speaker of the house after 
consultation with the New Hampshire university and college 
council, one to represent the university of New Hampshire 
system, one to represent private institutions of higher learning 
in the state, and one to represent the postsecondary education 
commission. The committee shall elect a chairman from among 



House Journal, 26Mar74 250 

its members. Committee members shall not receive compensa- 
tion. The committee shall study various forms of public assist- 
ance which may be provided for private institutions of higher 
learning and shall develop a recommended plan for such assist- 
ance. The committee shall submit its findings and recommenda- 
tions, together with a draft of any proposed legislation, to the 
1975 regular session of the General Court no later than the 
last Wednesday of December, 1974. 

Amendment adopted. 

Rep. Stevenson offered an amendment. 

AMENDMENT 

Amend the title of the bill by striking out same and in- 
serting in place thereof the following: 

AN ACT 

establishing a study committee to develop a plan to provide 
public assistance to private institutions of higher learning 

in this state and relating to the Lafayette 
Regional School District and Bethlehem School District. 

Amend the bill by striking out all after section 1 and in- 
serting in place thereof the following: 

2 New Cooperative. The Lafayette Regional School Dis- 
trict and the Bethlehem School District are hereby authorized 
and empowered to form a new junior high school and high 
school cooperative school district pursuant to the provisions of 
RSA 195:18. The articles of agreement executed for the pur- 
pose of forming such new cooperative school district shall be 
submitted to the voters of the Lafayette Regional School Dis- 
trict and the Bethlehem School District for approval or rejec- 
tion as provided by RSA 195:18. If such articles are adopted 
resulting in the formation of a new cooperative school district, 
the existing Lafayette Regional School District and Bethlehem 
School District shall continue to function as separate entities 
chari^ed with the elementary grade level education of students 
within the respective districts. LIpon adoption of such articles 
resulting in the formation of a new junior high school and 
high school cooperative school district, all inconsistent pro- 
visions contained in the existing articles of agreement of the 
Lafayette Regional School District and in the by-laws of the 



260 House Journal, 26Mar74 

Bethlehem School District shall be repealed by operation of 
this act to the extent that they are inconsistent with the arti- 
cles of agreement of the new junior high school and high 
school district. 

3 Building Aid. If the Lafayette Regional School District 
and the Bethlehem School District become part of a new junior 
high school and high school cooperative school district as pro- 
vided in section 2, the articles of agreement may provide that 
all state aid thereafter payable on account thereof to the new 
cooperative school district shall be calculated as if Easton, 
Franconia, Sugar Hill, and Bethlehem were four separate pre- 
existing school districts. 

4 Referendum. This act shall not take effect unless it is 
adopted by a majority vote at a regular or special meeting of 
the Lafayette Regional School District and the Bethlehem 
School District as hereinafter provided. The warrants for said 
meetings shall contain an article relative to the approval of this 
act and the school district clerks shall prepare a special ballot 
on which shall be the following question: "Shall the provisions 
of 'An Act relating to the Lafayette Regional School District 
and the Bethlehem School District' enacted at the 1974 special 
session of the legislature be adopted?" Beneath this question 
shall be printed the word "Yes" and the word "No" with a square 
immediately opposite each word, in which the voter may indi- 
cate his choice. If a majority of voters present and voting on 
the question at each meeting shall vote in the affirmative, this 
act shall be declared to have been adopted. Within ten days 
after said meetings, the school district clerks shall certify to the 
secretary of state the result of the vote on the question. 

5 Effective Date. Sections 1 and 4 shall take effect upon 
passage of this act. Sections 2 and 3 shall take effect upon adop- 
tion as provided in section 4 of this act. 

Rep. Stevenson moved to dispense with the reading of the 
amendment. 

Adopted. 

Rep. Stevenson explained his amendment. 

Rep. French spoke in favor of the amendment. 

Stevenson amendment adopted. 

Ordered to third reading. 



House Journal, 26Mar74 261 

SB 3 

changing the compensation of certain state law enforce- 
ment employees. 

A necessary addition to those eligible for overtime pay, 
plus an amendment to a law passed last session on payment 
of witness fees that through an error has been costing the 
counties too much in fees to off-duty law enforcement of- 
ficers. 

Referred to Appropriations. 

SB 11 

establishing a state historic preservation office and mak- 
ing an appropriation therefor. Ought to pass. Rep. Tucker 
for Executive Departments and Administration. 

This leofislation, similar to SB 137 of the last session, which 
was vetoed and then recreated by an executive order, puts 
into law what is now Executive Order 73-26. 

Referred to Appropriations. 

SB 5 

providing that a person cannot be denied unemployment 
compensation benefits if he refuses a job too distant from his 
home. Ought to pass with amendment. Rep. Sanborn for La- 
bor, Human Resources and Rehabilitation. 

This bill has been completely amended. To be imple- 
mented in case an emergency arrives. 

AMENDMENT 

Amend the title of the bill by striking out same and in-^ 
serting in place thereof the following: 

An Act 

providing unemployment benefits under certain circumstances 

to persons involuntarily unemployed due to the 

unavailability of gasoline for automobiles. 

Amend the bill by striking out all after the enacting clause 
and inserting in place thereof the following: 

1 Report on Unemployment. At the end of each month, 
the commissioner of the department of employment security 



262 House Journal, 26Mar74 

shall prepare a report of the number of individuals who have 
been determined by said department to be unable to apply for 
work or unable to continue their work during such month be- 
cause they were unable to commute to work due to the unavail- 
ability of gasoline. Such report shall be presented to the gov- 
ernor on the first business day of the following month. 

2 Emergency Power. Upon a finding by the governor that 
conditions so warrant, he may, with the consent of the council, 
declare that an emergency exists throughout the state which is 
indicated by involuntary unemployment or continued unem- 
ployment caused by the lack of gasoline. During the period 
specifically stated in the declaration, the following provisions 
shall apply: 

I. Availability. No individual shall be denied unemploy- 
ment compensation under RSA 282 solely for failing to accept 
or apply for work which is beyond his commuting ability be- 
cause of the unavailability of motor fuel for privately-owned 
automobiles if he has reasonably exhausted alternative meth- 
ods of commuting, including car pools, as determined by the 
commissioner or his authorized representative. 

II. Search for Work. No search for work by an individual 
shall be deemed unreasonable under RSA 282 if such search is 
involuntarily restricted due to the unavailability of motor fuel 
for privately-owned automobiles, and if the individual has 
reasonably considered and taken advantage of alternative meth- 
ods for conducting job-hunting activities, as determined by 
the commissioner or his authorized representative. 

III. Voluntary Leaving. Any individual who is forced to 
leave his work through no fault of his own because of the un- 
availability of motor fuel for individual automobiles shall be 
deemed to be involuntarily unemployed under RSA 282 if he 
has taken reasonable advantage of alternative methods for con- 
tinuing to commute to said work, as determined by the com- 
missioner or his authorized representative. 

3 Effective Date. This act shall take effect upon its passage 
and shall remain in effect only up to and including March 31, 
1975. After such date, the provisions of this act shall become 
void and of no force and effect. 

Amendment adopted. 



House Journal, 26Mar74 263 

Rep. Spirou moved that SB 5 be indefinitely postponed 
and spoke in favor of the motion. 

(discussion) 

Rep. Stevenson spoke in favor of the motion. 

Adopted. 

SB 12 

to further protect the rights of mobile home owners by 
requiring the consumer protection division of the attorney 
general's office to promulgate guidelines as to what constitutes 
reasonable rules and regulations for mobile parks and by re- 
quiring that tenants be given copies of such rules and regula- 
tions. Ought to pass with amendment. Rep. Hanson for Munici- 
pal and County Government. 

The amendment replaces the entire original SB 12, and 
generally provides protection to mobile home owners, in 
addition to that protection already provided by SB 28 
(Chapter 291-1973). Legislation requires owners/operators 
of mobile home parks to furnish each tenant with a copy 
of "rules and regulations" for the park; also permits owners 
/operators to charge reasonable rates (comparable to nearby 
localities) for fuel and gas furnished from a central source 
to the tenants. 

An additional feature of the bill, for benefit of mobile 
home park owners/operators, gives them the right to re- 
quire, that the first mobile home to be placed on each lot, 
in a newly constructed mobile home park be purchased 
from the park owner/operator. 

AMENDMENT 

Amend the title of the bill by striking out same and insert 
ing in place thereof the following: 

An Act 

to further protect the rights of mobile home owners by 

requiring that mobile home park owners and operators 

state the rules and regulations of the park in writing and 

provide all tenants with copies of the rules and to encourage 

the construction of mobile home parks by not prohibiting 

the so-called "first sale" restriction in a new park. 



264 House Journal, 26Mar74 

Amend the bill by striking out everything after the enact- 
ing clause and inserting in place thereof the following: 

1 Tenant to be Given Copy of Rules. Amend RSA 205-A:2 
(supp) as inserted by 1973, 291:1, by inserting after paragraph 
VI the following new paragraph: 

VII. On or after July 1, 1974, fail to provide each tenant 
who resides in his park with a written copy of the rules and 
regulations of said mobile home park. Said rules and regulations 
shall set forth the terms and conditions of the tenancy and shall 
contain the following notice at the top of the first page printed 
in capital typewritten letters or in 10 point bold face print: 

Important Notice Required by Law 

THE RULES SET FORTH BELOW GOVERN THE 
TERMS OF YOUR RENTAL AGREEMENT WITH THIS 
MOBILE HOME PARK. THE LAW REQUIRES ALL 
RULES AND REGULATIONS OF THIS PARK TO BE 
REASONABLE. NO RULE OR REGULATION MAY BE 
CHANGED WITHOUT YOUR CONSENT UNLESS THIS 
PARK GIVES YOU 90 DAYS ADVANCE NOTICE OF THE 
CHANGE. 

SUBJECT TO THE TERMS OF ANY WRITTEN 
LEASE AGREEMENT, YOU MAY CONTINUE TO STAY 
IN THIS PARK AS LONG AS YOU PAY YOUR RENT 
AND ANY OTHER LAWFUL CHARGES, FOLLOW THE 
RULES AND REGULATIONS OF THE PARK AND AP- 
PLICABLE LOCAL, STATE AND FEDERAL LAW, DO 
NOT DAMAGE PARK PROPERTY AND DO NOT RE- 
PEATEDLY BOTHER OTHER TENANTS IN THE 
PARK. YOU MAY BE EVICTED FOR NONPAYMENT OF 
RENT, BUT ONLY IF YOU FAIL TO PAY ALL RENT 
DUE WITHIN THIRTY DAYS AFTER YOU RECEIVE 
WRITTEN NOTICE THAT YOU ARE BEHIND IN 
YOUR RENT. 

YOU MAY ALSO BE EVICTED FOR NOT FOLLOW- 
ING THE RULES AND REGULATIONS OF THIS PARK 
BUT ONLY IF THE RULES AND REGULATIONS ARE 
REASONABLE, YOU HAVE BEEN GIVEN WRITTEN 
NOTICE OF YOUR FAILURE TO FOLLOW THE RULES, 
AND YOU THEN CONTINUE TO BREAK THE RULES. 



House Journal, 26Mar74 265 

YOU MAY NOT BE EVICTED FOR JOINING A TENANT 
ORGANIZATION. 

IF THIS PARK WISHES TO EVICT YOU, IT MUST 
GIVE YOU 60 DAYS ADVANCE NOTICE, EXCEPT IF 
YOU ARE BEHIND IN YOUR RENT, IN WHICH CASE 
ONLY 30 DAYS NOTICE IS REQUIRED. THE EVICTION 
NOTICE MUST GIVE YOU THE REASON FOR THE 
PROPOSED EVICTION. 

YOU HAVE THE RIGHT TO SELL YOUR HOME 
IN PLACE TO ANYONE AS LONG AS THE BUYER AND 
HIS HOUSEHOLD MEET THE RULES OF THIS PARK. 
YOU MUST NOTIFY THE PARK IF YOU INTEND TO 
SELL YOUR HOME. FAILURE TO DO SO MAY MEAN 
THAT THE BUYER WILL BE REQUIRED TO MOVE 
THE HOME FROM THE PARK. 

COPIES OF THE LAW UNDER WHICH THIS NO- 
TICE IS REQUIRED MAY BE OBTAINED FROM THE 
CONSUMER "protection DIVISION OF THE AT- 
TORNEY GENERAL'S OFFICE, STATE HOUSE ANNEX, 
CONCORD, NEW HAMPSHIRE 03301. 

2 Second Purchaser Must Comply n^ith Park Rules. Amend 
RSA 205-A:2, II (supp) as inserted by 1973, 29LI, by inserting 
in line six after the word "withhheld" the following (The park 
owner or operator may require as a condition of said permis- 
sion that the purchaser and his household meet the current 
rules of the park.) and by striking out in line six after the word 
"withhheld" the following "and", so that said paragraph as 
amended shall read as follows: 

II. Deny any resident of a mobile home park the right to 
sell at a price of his own choosing, said resident's mobile home 
within the park or require the resident or purchaser to remove 
the mobile home from the park solely on the basis of the sale 
thereof. The park owner or operator may reserve the right to 
approve the purchaser of said mobile home as a tenant, but 
such permission may not be unreasonably withhheld. The park 
owner or operator may require as a condition of said permission 
that the purchaser and his household meet the current rules of 
the park. The park owner or operator shall not exact a commis- 
sion or fee with respect to the price realized by the seller unless 
the park owner or operator has acted as agent for the mobile 
home owner pursuant to a written contract. 



266 House Journal, 26Mar74 

3 Central Fuel Systems Allowed. Amend RSA 205-A:2, III, 
(supp) as inserted by 1973, 291:1 by inserting in line four after 
the word "company" the following (However, the park owner 
or operator may impose reasonable conditions relating to cen- 
tral fuel and gas meter systems in the park. If such conditions 
are imposed, the charges for such goods and services shall not ex- 
ceed the average prevailing price in the locality for similar 
goods or services.) so that said paragraph as amended shall read 
as follows: 

III. Require any tenant to purchase any goods or services, 
including but not limited to fuel oil, paving, snow plowing, 
dairy products, laundry service, bakery products, and food prod- 
ucts, from any particular person or company. However, the 
park owner or operator may impose reasonable conditions re- 
lating to central fuel and gas meter systems in the park. If such 
conditions are imposed, the charges for such goods and services 
shall not exceed the average prevailing price in the locality for 
similar goods or services. 

4 Park Owner May Sell the First Unit on a New Lot. 
Amend RSA 205-A:2, V, (supp) as inserted by 1973, 291:1 by 
inserting in line two after the word "person" the following (un- 
less the person designated is the park owner or operator and the 
requirement is imposed only in connection with the initial 
leasing or renting of a newly-constructed lot or space not pre- 
viously leased or rented to any other person.) so that said para- 
graph as amended shall read as follows: 

V. Require any tenant, or person seeking space in the 
mobile home park, to purchase a mobile home from any par- 
ticular person unless the person designated is the park oAvner 
or operator and the requirement is imposed only in connection 
with the initial leasing or renting of a newly-constructed lot or 
space not previously leased or rented to any other person. 

5 Effective Date. This act shall take effect upon its passage. 
Amendment adopted. 

Ordered to third reading. 

SB 17 

relative to the New Hampshire Port Authority, the con- 
struction of fishing facilities at Portsmouth, Hampton and Rye 
harbors, and the location of marine science docking and related 



House Journal, 26Mar74 267 

facilities for the university of New Hampshire and making an 
appropriation therefor. Ought to pass with amendment. Rep. 
Ellis for Public Works. 

This bill with its Senate and House amendments appro- 
priates capital expenditures for the N. H. Port Authority, 
fishing pier projects at Hampton and Rye, and a marine 
science facility, as outlined in the amended title of the 
bill. The committee after field study and review of the 
project voted to pass as amended. 

AMENDMENT 

Amend the bill by striking out section 1 and inserting in 
place thereof the following: 

1 Appropriation. The sum of two million three hundred 
thousand dollars is hereby appropriated to the New Hampshire 
Port Authority for the construction of a second docking facility 
for oceangoing vessels in Portsmouth, provided however that 
no funds shall be expended under this section until completion 
of a study commissioned jointly by the department of resources 
and economic development, the city of Portsmouth and the 
Southeastern Regional Planning Commission at their expense 
to determine the desirability of such expenditure for the exten- 
sion of the Port Authority facilities. Such study, to be completed 
no later than December 31, 1974 shall include but not be 
limited to consideration of warehousing, cold storage facilities 
and the nature of ownership and shall be the basis of a report 
to be submitted to the fiscal committee of the general court 
and the governor and council. If such report and recommenda- 
tions are approved by both the fiscal committee and the gov- 
ernor and council, the bonds authorized may be used to fund 
the facilities so recommended by the report. 

Amend section 3 of the bill by striking out paragraph I of 
said section and inserting in place thereof the following: 

I. Commercial fishing pier and docking facility in the city 
of Portsmouth on land to be leased from the city of Portsmouth 
at rental of not more than one thousand dollars per year. 

Amend the bill by striking out section 4 and inserting in 
place thereof the following: 

4 Appropriation for Pier in Rye and Hampton. The sum 



268 House Journal, 26Mar74 

of three hundred fifty thousand dollars is hereby appropriated 
to the department of resources and economic development for 
the construction of a fishing pier and recreational boating facili- 
ties in Hampton harbor and/or Rye harbor. The department 
shall be entitled to charge reasonable user fees which shall be 
dedicated to the maintenance of the facility. 

Amend the bill by striking out section 5 and inserting in 
place thereof the following: 

5 Marine Science Facilities. The department of resources 
and economic development is directed to locate suitable dock- 
ing and support marine science facilities of the university of 
New Hampshire at locations under its jurisdiction, jurisdiction 
of the Port Authorty or other locations suitable for this purpose 
subject to concurrence of the board of trustees of the university 
of New Hampshire. The sum of fifty thousand dollars is hereby 
appropriated to the department of resources and economic de- 
velopment to construct or reconstruct or add to docking facility 
for this purpose. This appropriation shall not be transferred or 
expended for any other purpose. 

Rep. Newell commented on the bill. 

(discussion) 

Reps. Raymond, Drake, Maynard and Zachos spoke in 
favor of the bill. 

Amendment adopted. 
Referred to Appropriations. 

SB 4 

relative to penalties and forfeitures for noncompliance 
with sewage and waste disposal rules and regulations of the wa- 
ter supply and pollution control commission. Ought to pass 
with amendment. Rep. Claflin for Resources, Recreation and 
Development. 

Reference is made to the analysis on the printed bill. The 
Senate amendment puts the bill in line with the criminal 
code. The House amendment clarifies the responsibility of 
violators and assigns civil forfeiture solely to enforcement. 

AMENDMENT 

Amend RSA 149-E:7 as inserted by section 1 of the bill by 



House Journal, 26Mar74 269 

striking out said section and inserting in place thereof the fol- 
lowing: 

149-E:7 Penalties. 

I. Any person who shall violate any of the provisions of this 
chapter or who shall knowingly fail, neglect or refuse to obey 
any order of the commission or member or authorized agent 
of the commission issued under the authority of this chapter, or 
who shall knowingly make any misstatement of material fact 
for which said person is personally responsible in connection 
with an application for an approval pursuant to this chapter 
shall be guilty of a misdemeanor if a natural person; or guilty 
of a felony if any other person. 

II. Any person who knowingly produces any erroneous or 
fallacious data with regard to any application or plan submitted 
pursuant to this chapter shall bear the full responsibility for 
same, and shall be guilty of a misdemeanor if a natural person, 
or guilty of a felony if any other person. 

III. Notwithstanding any other penalty or fine for which 
liability is provided under this chapter, any person may be 
liable to the state, in an action commenced in the name of the 
state, for a civil forfeiture of not more than five thousand dollars 
for such violation, failure, neglect, refusal or any misstatement 
for which said person is personally responsible. Such forfeiture 
may be levied by the superior court in connection with actions 
for injunctive relief commenced pursuant to RSA 149-E:8. The 
proceeds of any civil forfeiture levied under this section shall 
be utilized in the enforcement of this chapter. 

Amendment adopted. 

Ordered to third reading. 

SB 24 

authorizing cities and towns to grant franchises for cable 
television systems. Ought to pass with amendment. Rep. Chase 
for Statutory Revision. 

The bill clarifies the conditions under which towns and 
cities may grant franchises for cable television systems. 

AMENDMENT 

Amend the bill by striking out all after the enacting clause 
and inserting in place thereof the following: 



270 House Journal, 26Mar74 

1 New Chapter. Amend RSA by inserting after chapter 
53-B the following new chapter: 

Chapter 53-C 

Franchising and Regulation of Cable 
Television Systems by Cities and Towns 

53-C:l Definitions. As used in this chapter unless the con- 
text clearly indicates otherwise: 

I. "Cable television system" means the service of receiving 
and amplifying signals broadcast by one or more television or 
radio stations and distributing such programs by wire, cable, 
microwave or other means, whether or not such means are 
owned by or leased to persons who subscribe to such service. 
Such system shall not include a master antenna television system. 

II. "Master antenna television system" means a cable tele- 
vision system which serves only the residents of one or more 
apartment dwellings under common ownership, control or 
management, and any commercial establishment located on the 
premises of such apartment house and which transmits only 
signals broadcast over the air by stations which may be viewed 
normally or heard locally without objectionable interference, 
and which does not provide any additional service over its facili- 
ties. 

III. "Franchising authority" means in the case of a city, the 
city council, and in the case of a town, the selectmen, when 
authorized by an annual or special town meeting. 

IV. "Municipality" means any city or town. 

V. "Person" means any individual, partnership, corpora- 
tion, municipality or other legal entity. 

53-C: 2 Franchise Required. No person shall construct, 
commence construction, or operate a cable television system in 
any municipality without first obtaining a written franchise 
from the franchising authority of each municipality in which 
such system is installed or to be installed. 

53-C: 3 Authority to Grant Franchises. Any franchising au- 
thority is hereby authorized to grant, renew, amend or rescind 
for cause franchises for the installation and operation of cable 
television systems in accordance with the provisions of this 



House Journal, 26Mar74 271 

chapter within the geographical limits of its respective towns 
or cities. 

53-C:4 Authority to Establish Fees and Impose Conditions. 
In conjunction with the rights granted in said franchises, any 
franchising authority may require reasonable fees payable to 
the municipality and may impose conditions not inconsistent 
with applicable Rules and Regulations of the Federal Com- 
munications Commission, as amended from time to time. 

53-C:5 Existing Operations. Any existing contract, license, 
permit, resolution or other accepted authorization for a cable 
television system which is in operation as of the effective date 
of this act, or for a cable television system which has substan- 
tially completed the installation of equipment and facilities 
as of such date, shall be deemed to be a franchise under the 
provisions of this chapter until the earlier of the expiration of 
its stated term, if any, or the date of any renewal or amend- 
ment required under applicable Rules and Regulations of the 
Federal Communications Commission, as amended from time 
to time. 

2. Effective date. This act shall take effect upon its passage. 

At the request of Rep. Patrick, Rep. Fred E. Murray an- 
swered questions. 

Amendment adopted. 

Ordered to third reading. 

SJR 2 

establishing an interim committee to study oil companies 
and other energy suppliers. Ought to pass with amendment. 
Rep. Chase for Statutory Revision. 

The resolution will continue the work of an Ad Hoc Com- 
mittee to study oil companies and energy suppliers. The 
amendment removes the subpoena power and would pay 
usual expenses rather than legislative mileage. 

Reps. Daniell, Spirou, Gerry F. Parker, Chandler and Nel- 
son spoke against the amendment. 

Rep. Newell explained the committee report. 

(discussion) 
Amendment lost. 



272 House Journal, 26Mar74 

Rep. Parker moved that SJR 2 be reported inexpedient to 
legislate. 

The clerk read SJR 2 in full. 

Rep. Parker spoke in favor of his motion. 

Reps. Coutermarsh, Nelson, Daniell and Spirou spoke 
against the motion. 

(discussion) 

Reps. John T. AVinn and Patrick spoke in favor of the 
motion. 

Rep. Plourde spoke against the motion. 

Rep. Fred E. Murray non-spoke in favor of the motion. 

Rep. Arthur F. Mann moved the previous question. 

Sufficiently seconded. 

Adopted. 

A division was requested. 

It being manifestly in the affirmative, SJR 2 was reported 
inexpedient to legislate. 

SB 8 

relative to the distribution of testate property following 
waiver of a will by surviving spouse and relative to the form of 
notice given for termination of parental rights. Ought to pass 
with amendment. Rep. Nighswander for Judiciary. 

This bill with amendment restores the provisions of the 
law regarding waiving of surviving spouse's rights to those 
effective prior to the 1973 legislation. 

AMENDMENT 

Amend RSA 560:10 as inserted by section 1 of the bill by 
inserting after paragraph III the following new paragraph: 

That part of the estate not passing to the surviving spouse 
as provided in paragraphs I through III shall pass in accordance 
with the terms of the will, provided that the surviving spouse 
shall take nothing under the will. 



House Journal, 26Mar74 273 

Amend the bill by striking out section 2 and renumbering 
sections 3 through 5 to read as 

2,3, and 4 respectively. 

Amend the bill by striking out section 4 and inserting in 
place thereof the following: 

4 Effective Date. 

I. Sections 1 and 2 of this act shall take effect at midnight of 
the day of its passage and shall apply to the estates of persons 
deceased after midnight of such day; provided, however, that 
estates in which a surviving spouse has waived the will in his 
favor and which are subject to the provisions of 1973, 293 in 
effect prior to such effective date may elect to be subject to the 
provisions of this act upon filing the written consent of all in- 
terested parties to the estate with the probate court within sixty 
days of the filing of the waiver or release of the will and home- 
stead right as provided in RSA 560: 14. 

II. Section 3 of this act shall take effect upon its passage. 
Amendment adopted. 

Rep. Bourassa offered an amendment. 

AMENDMENT 

Amend the bill by striking out RSA 170-C:7 as inserted 
by section 3 of the bill and inserting in place thereof the fol- 
lowing: 

170-C:7 Notice. After a petition has been filed, the court 
shall set the time and place for a hearing and shall give notice 
thereof to the petitioner who shall cause notice to be given to 
the parents of the child, the guardian of the person of the 
child, the person having legal custody of the child, any in- 
dividual standing in loco parentis to the child, and the guard- 
ian ad litem of any party. Where the child's parent is a minor, 
notice shall also be given to said minor's parents or guardian 
of the person unless the court is satisfied, in the exercise of its 
discretion, that such notice is not in the best interest of said 
minor and that it would serve no useful purpose. Notice shall 
be given by personal service to the parent whose parental rights 
may be terminated pursuant to the petition that has been filed. 
Where it shall appear impractical to personally serve said par- 



274 House Journal, 26Mar74 

ent, the court shall order service by certified mail to the par- 
ent's last known address or publication once a week for two 
successive weeks in a newspaper of general circulation in the 
area where that person was last domiciled or both. All other 
parties shall be given notice by regular mail at their last known 
address. The hearing shall take place no sooner than twenty 
days after service of notice, except that if notice is by publica- 
tion the hearing shall take place no sooner than seven days 
after the last date of publication. 

The clerk read the amendment in full. 

Rep. Bourassa explained his amendment. 

Reps. Close and Frizzell spoke against the Bourassa amend- 
ment. 

Rep. Sayer spoke in favor of the Bourassa amendment. 

Rep. Bourassa spoke a second time in favor of his amend- 
ment. 

(discussion) 

Bourassa amendment adopted. 

Ordered to third reading. 

RECONSIDERATION 

Rep. Nelson moved to reconsider the action of the House 
in requesting a committee of conference on HB 7, permitting 
municipalities to establish, acquire, maintain and operate public 
transportation facilities in cooperation with governmental units 
of adjoining states and permitting broader cooperation in furn- 
ishing of municipal services, and that it concur with the Senate 
in the passage of HB 7 as amended by the Senate. 

Adopted. 

Rep. Pryor commented on HB 7. 

RECESS 
AFTER RECESS 

SB 29 

exempting enterprises selling spirits and wines to the state 
of New Hampshire from the business profits tax. Majority: 



House Journal, 26Mar74 275 

Inexpedient to legislate. Rep. Nutt for Ways and Means. Mi- 
nority: Ought to pass with amendment. (Rep. Cunningham) 

Majority: This bill is designed to solve a special problem 
of out of state vendors of liquor to the N. H. Liquor Com- 
mission. In so doing it is believed a dangerous precedent 
may be set in allowing special deductions for a single 
product. 

The liquor vendors are in a high profit industry and ware- 
housing liquor in New Hampshire is a part of their profit 
structure and assures them of continuity of the New Hamp- 
shire market. There is little doubt that taxes paid New 
Hampshire as required under the Business Profits Tax are 
deductible in their corporate taxes paid elsewhere. 

Further, the bill would exempt from the Business Profits 
Tax a special New Hampshire industry, liquor and wine, 
from the Business Profits Tax on products sold to the state. 
If applied to liquor a bad precedent would be established 
which, if accepted, could lead to exemption from the Bus- 
iness Profits Tax all local products sold to the state. 

Solution to sort of a special problem should not be sought 
by tampering with a major segment of the state tax struc- 
ture. 

Minority: With only eleven members of the Ways and 
Means Committee voting on SB 29, the minority feels that 
the issue involved in this very important bill should be 
brought before the House (as amended) for full discussion. 

Rep. Cunningham moved that the report of the minority, 
ought to pass with amendment, be substituted for the majority 
report, inexpedient to legislate, and spoke in favor of his mo- 
tion. 

Rep. Nutt spoke against the motion, 
(discussion) 

Rep. Gerry F. Parker spoke against the motion. 

Reps. Parr, Joseph L. Cote, Drake and Coutermarsh spoke 
in favor of the motion. 



276 House Journal, 26Mar74 

Reps. Harvell, Dupont and Boisvert moved the previous 
question. 

Sufficiently seconded. 

Adopted. 

A division was requested. 

146 members having voted in the affirmative and 156 in 
the negative, the motion to substitute lost. 

Majority report, inexpedient to legislate. 

Resolution adopted. 

SENATE MESSAGES 

Senate passed SB 31 and asked the Concurrence of the 
House. 

SB 31, authorizing the city of Berlin to acquire, develop 
and operate industrial parks within the city and to aid the 
construction and expansion of industrial facilities within the 
city by issue of revenue bonds. Referred to Rules Committee 
under Joint Rule 10. 

RECONSIDERATION 

Rep. Nutt moved reconsideration on SB 29, exempting 
enterprises selling spirits and wines to the state of New Hamp- 
shire from the business profits tax. 

Reconsideration lost. 

GOVERNOR'S VETO MESSAGE 

Pursuant to the provisions of Part II, Article 44 of the 
Constitution, I return herewith House Bill 19, a bill increasing 
the amount of political expenditures authorized for candidates 
in primary and general elections seeking the office of governor, 
U. S. Senator, representative in Congress, Governor's Councilor, 
county officer, state senator or representative of the General 
Court. 

My objections are briefly noted below: 

1. This bill would enshrine political hypocrisy in our 
statutes. 



House Journal, 26Mar74 277 

It would increase the amount state-wide candidates, such 
as governor and U. S. Senator could spend in primary elections 
and again in general elections from $67,056.60 to $ 1 1 1 ,76 1 .00 by 
changing the formula from 15c per qualified voter in the last 
election to 25c. This would be a 66.6 per cent increase in au- 
thorized expenditures. It would also increase the limit of spend- 
ing for other candidates for public office. 

The American public has been outraged by the excessive 
expenditures of candidates seeking political office. This is not 
the time nor is New Hampshire the place to raise the limit on 
campaign spending. If anything we should be considering re- 
ductions. 

Politicians of all parties have called loudly for campaign 
reform. As in so many worldly problems money is the taproot of 
the matter. There can be no true reform without a recognition 
that the amount of money spent in a campaign must be severely 
controlled and restricted. 

I am surprised indeed that neither political party and very 
few political leaders have spoken out vigorously against this bill. 
Why, at this late hour, should any politician have difficulty in 
understanding that the average citizen is weary of political 
double-talk? 

Deprecations alone against the Watergate disclosures Avill 
not purify a politician for next fall's election. 

Regardless of party, I am confident that voters will judge 
all candidates by their actions and not by unctuous protestations 
of righteousness. That certainly is the conclusion to be read 
from recent polls showing that politicians have the lowest rating 
of any group. 

2. Proponents of this measure suggest that 66.6 per cent 
increase provided for state-wide offices is necessary to off-set the 
effect of inflation on campaigning. This is not so. 

The provision of RSA 70:4 that HB 19 would amend was 
last amended in 1967 when the 15 cents per qualified voter of 
the last election was first used as a formula. 

Under the formula a candidate for state-wide office could 
spend in the primary of 1964 $25,000. It was the same in 1966. 

Authorized political expenditures for a state-wide office 
for the past ten years show the following: 



278 House Journal, 26Mar74 



1964 


$25,000.00 


1966 


25,000.00 


1968 


53,343.90 


1970 


56,805.90 


1972 


58,033.50 


1974 


67,056.60 



Thus in ten years the sum authorized for campaigning for 
a state-wide office has increased by 168 per cent. 

The cost of some major items in campaigning has increased 
as follows: 

Items 1964 1974 % Increase 

1st Class Postage .05 .10 100 

5 min. prime radio 

time at one station $9.00 $25.00 278 

10" (2 X 5 ) space on $208.00 $340.00 163 

page one state-wide 
paper 
1 gallon gasoline 36.9 52.9 43 

3. New Hampshire election laws on campaign expenditures 
and accountability are among the best in the nation. 

For example, the Council of State Governments indicates 
the following limitations in the states that have limitations on 
a state-wide candidate such as governor. 

Florida $250,000 

Iowa 30 cents per voter 

New Jersey 50 cents per voter 

Oregon 15 cents per voter 

Utah $100,000 media communications 

Washington A sum equal to twice that 

paid for governor's salary 

We should keep New Hampshire as it is if our voters are 
to have a free choice in the selection of competence, quality, and 
representation on issues when considering candidates. 

In many states where there is little if any restraint on au- 
thorized campaign expenditures, the voters' only alternative is 
a choice between two or more persons of wealth. 

Thus, we are building in America, imperceptibly and quite 
beyond the intent of the Founding Fathers, an oligarchy of fat 
cats. 



House Journal, 26Mar74 279 

In many places only persons of wealth, or those few whose 
connections are such that they can solicit wealth, can afford to 
seek public office. 

I would hope that in New Hampshire we will continue to 
keep open the door to high public office to any qualified person 
regardless of actual or attracted wealth. 

4. By raising the ante, that is the amount allowed for a 
campaign, we are told that somehow it will make a candidate 
more honest. 

Just the opposite is apt to be true. The bigger the pot the 
more attractive it will be for those who thirst for power rather 
than an opportunity to serve their fellowman. 

5. It is suggested that an incumbent has an advantage, 
especially over a heretofore unknown candidate. 

This is probably true. But having a larger sum to spend 
helps the incumbent just as much as the newcomer. 

CONCLUSION 

House Bill 19 would help create a class of professional poli- 
ticians. We need instead more new faces from the ranks of citi- 
zens offering to participate in government by seeking public 
office. 

I would hope that on second reflection the Legislature 
would sustain my objection to the bill and thus preserve that 
high degree of democracy that now flourishes in our state. 

Sincerely, 

Meldrim Thomson, Jr. 

Rep. Zachos moved consideration of the Governor's veto 
message on HB 19 be made a special order for tomorrow. 

Rep. Coutermarsh spoke in favor of the motion. 

Adopted. 

COMMITTEE REPORTS CONTINUED 

SB 2 

to provide fairer real estate taxes for the elderly through 
a partial exemption from real estate taxes for persons sixty- 



280 House Journal, 26Mar74 

five years of age or older, under certain circumstances, and 
compensating cities and towns for consequent loss of tax 
base and making an appropriation therefor, and making cer- 
tain revisions in the homeowners' exemption law. Majority: 
Ought to pass with amendment; Rep. Hall for Ways and 
Means. Minority: Ought to pass with further amendment. 
(Reps. Splaine, Donnelly and Nardi) 

Majority: This bill basically the original Senate Bill 2 
and HB 293 as vetoed by Governor Thomson for lack of 
funding. The committee proposes funding with |2,000,000, 

The homeowners' exemption section, as amended by the 
Senate, consists of basically technical amendments pro- 
viding for hearings at the local level before being placed 
on the ballot. 

The committee amendment provides for procedures to 
allow rescinding formerly not contained in the original 
Homeowners' Act. 

The committee has voted to recommend that the House 
divide the question. 

Minority: The Minority agrees with the Majority in ac- 
cepting Senate Bill 2 and the suggested amendments, but 
wish to offer an additional amendment. 

The Homeowners' Exemption Property Tax Relief Law 
passed in 1973 that has been adopted in several communi- 
ties throughout the State with a population totalling about 
100,000, has several areas of concern that need attention. 

The Minority amendment, which lost in a tie vote in the 
Ways and Means Committee, will provide continuation 
of the local option home rule approach built into the 
original law while guaranteeing more adequate relief for 
the aged and those living in smaller homes. 

A. Removing the $8,000 base below which exemptions may 
be granted, and providing a proper referendum for the 
change. This eliminates discrimination, and provides re- 
lief for lower valuations; 

B. Connecticuting the part of Senate Bill 2 that gives ad- 
ditional tax relief to persons over 80 years of age if they 
would otherwise qualify by income and asset limitations 
set forth by the bill; 



House Journal, 26Mar74 281 

C. Exempting those over age 65 from the present $8,000 
level, and equalizing the $8,000 figure so it remains equi- 
table from community to community. 

This amendment absolutely does not affect any community 
not adopting the Homeowners' Exemption law. It is com- 
pletely a local option referendum, home rule decision by 
the people. 

Rep. Sayer moves that the question be divided and that 
the division be as follows: 

Div. I (exemption for the elderly), Sections 1-6 and Sections 
22, 23 and 24 

Div. II (homeowners' exemption), Sections 7-21 
and that each division and amendments thereto be decided 
separately. 

Adopted. 

Rep. Hall explained SB 2. 

(discussion) 

Rep. Hall yielded to Rep. Nutt to answer questions. 
Question being on the adoption of majority amendment. 

AMENDMENT 

Amend the bill by striking out section 23 and inserting in 
place thereof the following: 

23 Appropriation. There is hereby appropriated the sum 
of two million dollars for the fiscal year ending June 30, 1975, 
to be disbursed to the cities and towns pursuant to RSA 72:42-a. 
Said appropriation shall not be transferred or expended for any 
other purpose. The governor is authorized to draw his warrant 
for said sum out of any money in the treasury not otherwise 
appropriated. 

Reps. Martineau, Gerry F. Parker, Hanson and George E. 
Gordon spoke against the majority amendment. 

Rep. Gorman spoke in favor of the majority amendment. 

At the request of Rep. T. Anne Webster, Rep. Nutt an- 
swered questions. 



282 House Journal, 26Mar74 

Reps. Sayer and Sara M. Townsend non-spoke in favor of 
the majority amendment. 

Reps. Read and Altman spoke in favor of the majority 
amendment. 

Rep. Gerry F. Parker requested a division. 

173 members having voted in the affirmative and 78 in the 
negative, the majority amendment, Div. 1, was adopted. 

Rep. Boisvert offered an amendment. 

Reps. Parker and Spirou spoke against the Boisvert amend- 
ment. 

A division was requested. 

It being manifestly in the negative, the Boisvert amend 
ment lost. 

Question being on the adoption of the committee amend- 
ment, Div. 2. 

Committee amendment adopted. 

Rep. Splaine offered an amendment. 

AMENDMENT 

Further amend the bill as follows. 

Amend the bill by striking out RSA 72:44, I as inserted 
by section 7 of the bill and inserting in place thereof the fol- 
lowing: 

I. A town desiring to adopt the provisions of this subdi- 
vision may have the question placed on the warrant for an an- 
nual or special town meeting by action of the selectmen or by 
petition in RSA 39:3. Such question shall be presented for 
voter approval on a separate ballot and shall be worded as fol- 
lows: 

"Shall the town adopt the homeowners' exemption pro- 
visions of RSA 72 granting a |5000 exemption based on equal- 
ized assessed vahiation in all owner-occupied units, or a $10,000 
exemption based on equalized assessed valuation on all owner- 
occupied units by persons over sixty-five years of age?" 

Upon the ballot containing the question shall be printed 



House Journal, 26Mar74 283 

the word "Yes" with a square near it at the right hand of the 
question; and immediately below the word "Yes" shall be 
printed the word "No" with a square near it at the right hand 
of the question; and the voter desiring to vote upon the ques- 
tion shall make a cross in the square of his choice. If no cross 
is made in a square beside the question, the ballot shall not be 
counted on the question. 

Amend the bill by striking out RSA 72:45 as inserted by 
section 9 of the bill and inserting in place thereof the follow- 
ing: 

72:45 Owner-Residents Exempted. 

I. Every person who has the legal or beneficial title in 
equity to real property including a mobile home in this state 
and who resides thereon and in good faith makes the same his 
permanent home, or the permanent home of another or others 
legally or naturally dependent upon said person, shall be en- 
titled to an exemption of five thousand dollars of assessed val- 
uation as determined by the department of revenue administra- 
tion from all taxation except for special assessment on said 
home up to an assessed valuation determined by the depart- 
ment of revenue administration. In no case, however, shall the 
remaining assessed valuation be less than eight thousand dol- 
lars on any homestead, in any city or town which adopted the 
provisions of RSA 72:44-60 prior to April 1, 1974 and which 
has not removed such prohibition under RSA 72:44-b. Said 
title may be held solely, jointly or in common with others and 
said exemption may be apportioned among such of the owners 
as shall reside thereon as their respective interests shall appear. 
The exemption provided herein shall be allowed on each 
condominium parcel occupied by its owner and on any other 
entity recognized at law as realty and occupied by its owner. 

II. If property in a town or city is not assessed at its full 
and true market value, the amount of valuation exempted and 
the remaining assessed valuation when applicable shall be re- 
duced to the proportionl level that such valuations bear to one 
hundred percent as determined by the department of revenue 
administration. 

III. The remaining assessed valuation limitation of eight 
thousand dollars, as provided in paragraph I, or its equivalent 
as equalized by the department of revenue administration, shall 



284 House Journal, 26Mar74 

apply as provided in paragraph I only to property owned by 
persons under the age of sixty-five. 

Amend the bill by striking out section 21 and inserting in 
place thereof the following: 

21 Applicability. Amend RSA 72 by inserting after section 
44 the following new sections: 

72:44-a Applicability of 1974 Amendments. Any city or 
town which shall have adopted the provisions of RSA 72:44-60 
prior to April 1, 1974 shall be deemed to have adopted such 
provisions as amended by sections 7 through 20 of the act in- 
serting this section, provided that: 

I. The validity of the adoption of the homeowners' exemp- 
tion in such city or town shall not be affected by any added re- 
quirements imposed pursuant to the provisions of sections 7 
though 20 of said act; and 

II. The provisions of RSA 72:44 and 72:45, prior to such 
amendment, relative to prohibiting exemptions in any case in 
which the equalized assessed valuation falls below eight thou- 
sand dollars shall remain in effect in such city or town unless 
removed pursuant to RSA 72:44-b. 

72:44-b Referendum to Remove Prohibition, 

I. Any city or town which adopted the provisions of RSA 
72:44-60 prior to April 1, 1974 may, by referendum as pro- 
vided in this section, remove the prohibition against granting 
an exemption when the equalized assessed valuation falls be- 
low eight thousand dollars. The question for removing such 
prohibitions shall be put to the voters at an annual or special 
town meeting or at a regular municipal election for the elec- 
tion of city officers if the same procedures as are required for 
placing the question of adoption of this subdivision under 
RSA 72:44, I or II, respectively, are fully complied with, 

II. The question shall be presented for voter approval on 
a separate ballot with proper provisions for the voter to clearly 
indicate his choice and shall be worded as follows: 

"Shall the town (or city) remove the prohibition against 
granting a homeowners' exemption under RSA 72 when the 
vakiation of an owner-occupied unit falls below $8,000?" 



House Journal, 26Mar74 285 

III. Upon approval of the question by a majority of those 
voting on the question, such prohibition shall be removed com- 
mencing with the April first next following the referendum. 

Amend the bill by striking out all after section 24 and 
inserting in place thereof the following: 

25 1974 Referendum Allowed. Notwithstanding any other 
provision of law, in any city to which RSA 72:44-b may apply, 
the referendum permitted by RSA 72:44-b may be presented 
for voter approval at the regular biennial election held in No- 
vember 1974, provided that all other requirements of RSA 
72:44-b are fulfilled. The clerk of any such city shall prepare 
a separate ballot in the form provided by RSA 72:44-b. 

26 Exemption for Elderly Extended. Amend RSA 72:60, 
as inserted by 1973, 482:2, by striking out said section and in- 
serting in place thereof the following: 

72:60 Tax Exemption for Elderly. 

I. The provisions of RSA 72:39-43 relative to certain tax 
exemptions for the elderly shall not apply in any town or city 
which adopts the provisions of this subdivision except as pro- 
vided in this section. 

II. In any town or city which has adopted the provisions 
of this subdivision, any person who is eligible for an exemption 
under this subdivision and also meets the requirements for 
exemption under RSA 72:39-43 shall be entitled to exemption 
under the provisions which provide the greater exemption for 
such person. The determination of eligibility for exemption 
shall be made by the selectmen or assessors. 

III. In the event that application of paragraph II results 
in the exemption of any person under RSA 72:39-43, the town 
or city granting the exemption shall be entitled to compensation 
for loss of taxable valuation in the same manner and at the 
same time as is provided under RSA 72:42-a except that the 
amount of the payment to the city or town shall be determined 
as herein provided. The "full value rate percent of taxation 
referred to in RSA 72=42-a" shall be determined as though this 
section had not been in effect. The amount of the payment to 
the city or town shall be determined by multiplying this full 
value rate percent of taxation times the additional valuation 
exempted from taxation under this section. 



286 House Journal, 26Mar74 

27 Effective Date. This act shall take effect A pril 1, 1974. 

Rep. Splaine spoke in favor of his amendment. 

(discussion) 

Reps. Coutermarsh, Duprey, Chambers, Spirou, Read and 
George I. Wiggins spoke in favor of the Splaine amendment. 

Reps. Daniell, Anthony Stevens, Rousseau, Lessard, Rod- 
erick O'Connor, Hodgdon, Maynard, Harvey, Plourde and 
Nardi non-spoke in favor of the Splaine amendment. 

Rep. Ellis moved the previous question. 

Sufficiently seconded. 

Adopted. 

Splaine amendment adopted. 

Rep. George I. Wiggins offered an amendment. 

Amend the title of the bill by striking out the same and 
inserting in place thereof the following: 

An Act 

to provide fairer real estate taxes for the elderly through a 

partial exemption from real estate taxes for persons sixty-five 

of age or older, under certain circumstances, and compensating 

cities and towns for consequent loss of tax base and making an 

appropriation therefor and repealing homeowner's 

exemptions provisions. 

Amend the bill by striking out all after section 6 and in- 
serting in place thereof the following: 

7 Exemption Compensation for Municipalities. Amend 
RSA 72 by inserting after section 42 the following new section: 

72:42-a Compensation for Exemption. To compensate cities 
and towns for the loss of taxable valuation under RSA 72:39, a 
payment as determined in this section shall be made to such 
cities and towns by the state treasurer as soon as possible after 
the total payments due to all cities and towns under this section 
in that year have been determined. If the appropriation made 
to provide funds for these payments is insufficient in any year 
to provide full payments hereunder, the sums distributed to the 
cities and towns shall be reduced on a pro rata basis. The report. 



House Journal, 26Mar74 287 

filed under RSA 41:15 shall indicate the amount of valuation 
exempted in the city or town under RSA 72:39. At the time 
that he determines the rate percent of taxation for the city or 
town, the commissioner of revenue administration shall deter- 
mine a "full value rate percent of taxation" which would have 
been necessary in that city or town had RSA 72:30 not been 
in effect. The amount of the payment to the city or town under 
this section shall be determined by multiplying this full value 
rate percent of taxation times the amount of valuation ex- 
empted under RSA 72:39 in that city or town in the year for 
which the payment is made. Any payment made under this sec- 
tion shall be considered as revenue received by the city or town 
in determining the budget needs for the ensuing fiscal year. 

8 Appropriation. There is hereby appropriated the sum of 
two million dollars for the fiscal year ending June 30, 1975, to 
be disbursed to the cities and towns pursuant to RSA 72:42-a. 
Said appropriation shall not be transferred or expended for 
any other purpose. The governor is authorized to draw his 
warrant for said sum out of any money in the treasury not other- 
wise appropriated. 

9 Repeal. RSA 72:44-60 (supp), as inserted by 1973, 482:2. 
relative to homeowners' exemption are hereby repealed. 

10 Effective Date. This act shall take effect April 1, 1974. 
The clerk read the amendment in full. 

Rep. Wiggins explained his amendment. 

Reps. Splaine, Elizabeth E. Goff, Gerry F. Parker, Spirou, 
Daniell and Bednar spoke against the Wiggins' amendment. 

(discussion) 

Reps. Patrick and DeCesare non-spoke against the Wig- 
gins' amendment. 

Reps. Read, Belair, Sununu, Albert C. Jones and Hall 
spoke in favor of the Wiggins' amendment. 

Reps. Cunningham, Anne B. Gordon, Leonard A. Smith, 
McLane, Curran, Roma A. Spaulding, Seamans, Scamman, 
Dorothy W. Davis, Donalda K. Howard, Helen F. Wilson, Roy 
M. Davis, Mattice, Elmer S. Wiggin, Philip C. Heald, Tilton, 
Polak, Ladd, Barrus, Harvell, Gorman, William P. Boucher, 



288 House Journal, 26Mar74 

Vesta M. Roy, Conley, Harold E. Thomson, Enright, Beckett, 
Sara M. Townsend, Hanson, Elmer L. Johnson and Ellis non- 
spoke in favor of the Wiggins' amendment. 

Reps. Boisvert, Tucker and Ellis moved the previous ques- 
tion. 

Sufficiently seconded. 

Adopted. 

A division was requested. 

207 members having voted in the affirmative and 75 in 
the negative, the Wiggins' amendment was adopted. 

SB 2 referred to Appropriations. 

SENATE MESSAGES 

CONCURRENCES 

HB 27, relative to amending certain provisions of the Off 
Highway Recreation Vehicle Law, RSA 269-C. 

HB 32, relative to the commission and taxes on pari-mu- 
tuel pools at dog tracks. 

CONCURRENCE HB WITH SENATE AMENDMENT 

HB 18, requiring local approval prior to approval of site 
plans for oil refineries. 

(Amendment printed HC Mar. 26) 

Rep. Hanson moved that the House nonconcur in the 
Senate amendment and that a committee of conference be es- 
tablished. 

Adopted. 

The Speaker appointed Reps. Hanson, Sununu, Ethier, 
Benton and Madeline C. Townsend. 



Rep. Vesta M. Roy is celebrating a birthday today. 



RESOLUTION 
Rep. George B. Roberts, Jr. moved that all bills ordered 



House Journal, 26Mar74 289 

to third reading, be read a third time by this resolution and 
that all titles of bills be the same as adopted, and that they be 
passed at the present time, unless otherwise ordered by the 
House. 

Adopted. 

Third reading and final passage. 

SB 4, relative to penalties and forfeitures for noncompli- 
ance with sewage and waste disposal rules and regulations of 
the water supply and pollution control commission. 

SB 8, relative to the distribution of testate property follow- 
ing waiver of a will by surviving spouse and relative to the 
form of notice given for termination of parental rights. 

SB 12, to further protect the rights of mobile home owners 
by requiring that mobile home park owners and operators state 
the rules and regulations of the park in writing and provide all 
tenants with copies of the rules and to encourage the construc- 
tion of mobile home parks by not prohibiting the so-called 
"first sale" restriction in a new park. 

SB 22, establishing a study committee to develop a plan to 
provide public assistance to private institutions of higher learn- 
ing in this state and relating to the Lafayette Regional School 
district and Bethlehem school district. 

SB 24, authorizing cities and towns to grant franchises for 
cable television systems. 

SENATE MESSAGES 

CONCURRENCE HB WITH SENATE AMENDMENT 

HB 35, providing for twenty years retirement for members 
of group II under the New Hampshire Retirement System, per- 
mitting the transfer of members of the New Hampshire Fire- 
men's Retirement System and of the New Hampshire Police- 
men's Retirement System into the New Hampshire Retire- 
ment System and making an appropriation therefor. 

Reps. Rebecca A. Gagnon, Arthur Gagnon, Harold E. 
Thomson, Buskey, Roy M. Davis, McLaughlin, Olden, Barrus, 
Hodgdon, Maynard, Connors, Palfrey, Stimmell, Sweeney, 
Grady, Page, Chasse, Pray, Maguire, Cecelia L. Winn, Mary 
J. Sullivan, Ruel, Kincaid, Parnagian, Davison, Lamy, Deoss, 



290 House Journal, 26Mar74 

Benjamin A. Brown, Peabody, Roderick K. O'Connor, Chand- 
ler, Zoncas, Clancy, Matheson, Boisse, Barker, Dupont, Lefe- 
bvre, Belcourt, Colby, Cummings, Splaine, Donnelly, Fan, 
Lewko, Scott, McDonough, Twigg, T. Anne Webster, Record, 
Sayer, Belair, Tibbetts, Timothy K. O'Connor, Twardus and 
Cullity, nonspoke in favor of concurring with the Senate amend- 
ment to HB 35. 

(Amendment printed HC March 26) 

Rep. Drake moved that the House nonconcur in the Senate 
amendment and that a committee of conference be established. 

Rep. Drake spoke in favor of his motion. 

Reps. George B. Roberts, Jr. and Coutermarsh spoke in 
favor of the motion. 

Adopted. 

The Speaker appointed Reps. Drake, George B. Roberts, 
Jr., Coutermarsh, Weeks and Roderick H. O'Connor. 

CONCURRENCE HB WITH SENATE AMENDMENT 

HB 2, making appropriations for capital improvements. 

(Amendment printed SJ March 26) 

Rep. Arthur F. Mann moved that the House nonconcur in 
the Senate amendment and that a committee of conference be 
established. 

Rep. Raymond spoke in favor of the motion. 

Rep. Tarr non-spoke in favor of concurring. 

(discussion) 

A division was requested. 

156 members having voted in the affirmative and 108 in 
the negative, the motion to nonconcur prevailed. 

The Speaker appointed Reps. Arthur F. Mann, Raymond, 
John B. Goff, Daniels and Belair. 

NOTICE OF RECONSIDERATION 
Rep. Gorman served notice that today or some subsequent 



I 



House Journal, 26Mar74 291 

day he will ask reconsideration of the House action in killing 
SJR 2, establishing an interim committee to study oil com- 
panies and other energy suppliers. 

BILLS PRESENTED TO THE GOVERNOR 
March 26 

HB 12, conforming tax commission references in the cur- 
rent use taxation law to the revised revenue administration 
laws. 

HB 15, relative to redistricting the ward lines of the city 
of Laconia. 

HB 16, permitting public accountants and registered pro- 
fessional nurses to form professional associations. 

HB 25, changing the reporting date for the study com- 
mission on the problems of unemployed citizens in New Hamp- 
shire. 

SB 19, specifying procedures for termination of residential 
gas or electric services. 

BILLS SIGNED BY THE GOVERNOR 
February 20 

SB 14, relative to election of delegates to the constitutional 
convention from Berlin. 
March 12 

HB 9, increasing the debt limit for the Londonderry school 
district. 

HB 28, authorizing Franklin Pierce College to grant the 
degree of juris doctor. 
March 25 

HB 20, increasing the interest rate of housing authority 
bonds. 

HB 23, continuing present city of Somersworth's elected 
officials in office until the next regular election, and legalizing 
the election of delegates to the constitutional convention from 
the old wards of said city. 

SJR 1, compensating Rene Boucher for mileage while 
serving on the Committee of Voter Registration and Checklists. 



292 House Journal, 27Mar74 

BILLS VETOED BY THE GOVERNOR 
March 25 

HB 19, increasing the amount of political expenditures 
authorized for candidates in primary and general elections 
seeking the office of governor, U. S. senator, representative in 
congress, governor's councilor, county officer, state senator or 
representative to the general court. 

On motion of Rep. George B. Roberts, Jr. the House ad- 
journed at 7: 10 to meet tomorrow at 10:00 a.m. 



Wednesday^ 27Mar74 

The House met at 10:00 o'clock. 

Prayer was offered by House Chaplain Rev. Joseph Y. 
Beaulieu. 

Almighty God, Our heavenly Father, guide us, we beseech 
You, into the way of justice and truth. 

Establish among us that peace which is the fruit of righ- 
teousness. 

We ask this through Christ our Lord. Amen. 

PLEDGE OF ALLEGIANCE 

Rep. Orcutt led the Pledge of Allegiance. 

LEAVES OF ABSENCE 
Rep. Edward A. Johnson, the day, illness. 
Rep. Aubut, indefinite, illness. 
Rep. Randall, today and tomorrow, illness. 
Reps. Hough and Taber, the day, important business. 

SENATE MESSAGES 

CONCURRENCE 

HB 3, An act relative to establishment of a food stamp 
program and making an appropriation therefor. 



House Journal, 27Mar74 293 

ENROLLED BILLS REPORT 

HB 3, relative to establishment of a food stamp program 
and making an appropriation therefor. 

Mabel L. Richardson 

For The Committee 

CONCURRENCE HB's WITH SENATE AMENDMENT 

HB 30, relative to the civil commitment procedures in the 
probate courts and detention and discharge procedures for the 
mentally ill. 

(Amendment printed SJ March 26) 

Rep. Frizzell moved that the House concur with the Sen- 
ate amendment. 

Adopted. 

HB 33, relative to the Winnipesaukee River Basin Con- 
trol; and providing for continuation of the study committee on 
the water supply and pollution control commission. 

(Amendment printed SJ March 26) 

Rep. Claflin moved that the House nonconcur and that a 
committee of conference be established. 

Adopted. 

The Speaker appointed Reps. Claflin, Ladd, Tilton, Ole- 
son and Harriman. 

REPORT OF RULES COMMITTEE 

HCR 7, ought to pass. Rep. George B. Roberts, Jr. for 
Rules. 

Whereas, there is a definite need to obtain, evaluate and 
make decisions on the needs of the elderly within each state 
region of New Hampshire, and 

Whereas, there is a further need to recommend, solicit, ob- 
tain, grant and administer funding and programming efforts 
to prevent, alleviate and solve, so far as possible, any and all 
of the problems of the elderly from governmental or nongov- 
ernmental sources; 



294 House Journal, 27Mar74 

Now Therefore Be It Resolved by the House of Represen- 
tatives, the Senate concurring: 

That a joint committee is hereby established to study the 
need for the creation of independent agencies with proportion- 
al representation of local governmental districts for the ad- 
ministration and distribution of federal funds from the Ad- 
ministration on Aging. Said committee shall be composed of 
three House members appointed by the Speaker of the House 
and two Senate members to be appointed by the President of 
the Senate. Said committee is to report back to each of their 
respective bodies no later than January 1, 1975. 

The clerk read the resolution in full. 

Adopted. 

Rep. Benton moved the procedure for today be as follows: 

In the interests of assuring the fairness of debate in the 
House and of utilizing the members' time to the maximum 
benefit, I move that the House procedure for today be as fol- 
lows: 

The principal proponent and principal opponent of each 
bill shall be granted unlimited time to speak. Thereafter, each 
member speaking in favor of or opposed to the bill shall be 
limited to two (2) minutes. 

Only the principal proponent and opponent, or a member 
of the committee involved, shall respond to questions. 

Rep. Benton spoke in favor of his motion. 

Reps. George E. Gordon, Spirou and Gerry F. Parker spoke 
against the motion. 

(discussion) 

Rep. Benton subsequently withdrew his motion. 

(Deputy Speaker in the Chair) 

COMMITTEE REPORTS 

SB 31 

authorizing the cities of Berlin and Keene to acquire, de- 
velop and operate industrial parks within each such city and to 
aid the construction and expansion of industrial facilities within 



House Journal, 27Mar74 295 

each such city by the issue of revenue bonds. Recommended 
that the bill be introduced. George B. Roberts, Jr. for Rules. 

Adopted. Referred to Municipal and County Government. 

SB 20 

providing for regulation of franchise agreements for the 
sale of gasoline. Ought to pass with amendment. Rep. Palfrey 
for Executive Departments and Administration. 

This bill has been slightly amended from the Senate ver- 
sion to give independent gasoline dealers some additional 
protection and to require the posting of fuel prices on all 
pumps. 

AMENDMENT 

Amend the title of the bill by striking out same and in- 
serting in place thereof the following: 

An Act 

providing for regulation of franchise agreements for 

the sale of gasoline and requiring the posting of 

motor fuel prices. 

Amend RSA 339-C:4, II as inserted by section 1 of the bill 
by striking out same and inserting in place thereof the follow- 
ing: 

II. A supplier shall not impose any conditions on a dealer 
which are not stated in the agreement between the parties, un- 
less mutually amended or modified. 

Amend RSA 339-C:7, II as inserted by section 1 of the bill 
by striking out same and inserting in place thereof the follow- 
ing: 

11. The remedy provided for in this section is in addition 
to all other remedies available under contract or as provided by 
law or equity, including injunctive relief. If the court finds that 
the violation of this chapter has been wilful the court may allow 
reasonable attorney fees. 

Amend RSA 339-C:8, I as inserted by section 1 of the bill 
by striking out same and inserting in place thereof the follow- 
ing: 



296 House Journal, 27Mar74 

I. Provisions requiring a dealer to take in any advertising 
or promotional campaigns which will require the dealer to ac- 
cept any posters, stamps, tickets, gifts, bonuses, premiums, or 
any other promotional items; or 

Amend RSA 339-C:8, III as inserted by section 1 of the 
bill by striking out same and inserting in place thereof the fol- 
lowing: 

III. Provisions requiring a dealer to purchase any products 
of the supplier other than gasoline or diesel fuel. The dealer 
may, however, agree to accept such products on consignment, 
but not exclusive as to like products; or 

Amend the bill by striking out section 2 of same and in- 
serting in place thereof the following: 

2 Posting of Motor Fuel Prices. Amend RSA 339 by insert- 
ing after section 30 the following new section: 

339:30-a Gasoline and Diesel Fuel Prices. 

I. All persons who shall offer for sale or sell any gasoline or 
diesel fuel at retail shall post the price of all grades of such gas- 
oline or diesel fuel on the pump from which such fuels are dis- 
pensed. Such posted prices shall be in numerals not less than 
four inches high and three-quarters of an inch in width. Numer- 
als indicating fractions or portions of whole numbers on any 
posted price shall be at least one-half the size of the whole num- 
ber on such display, and all posted prices shall reflect the total 
price of such fuel, including all taxes thereon. All posted prices 
shall be clearly visible from both sides of the pump from either 
direction of a motorist's approach to the pump in a normal ap- 
proaching manner for fuel. 

II. Any person who shall violate the provisions of this sec- 
tion shall be guilty of a violation. 

3 Effective Date. This act shall take effect sixty days after 
its passage. 

Amendment adopted. 

Ordered to third reading. 

SB 27 

to better protect the safety of New Hampshire citizens and 
law enforcement officers by changing penalties for homicide in 



House Journal, 27Mar74 297 

certain circumstances. Majority: Ought to pass; Rep. H. Gwen- 
dolyn Jones for Judiciary. Minority: Ought to pass with amend- 
ment. (Reps. Lewko, South wick and Alukonis) 

Majority: Provides for life imprisonment for convicted 
murders with no parole. Only pardon is by governor and 
council. 

Minority: The minority feels that capital punishment, is 
justified for specific crimes as established by a recent Su- 
preme Court ruling (Furnam vs. Georgia) . This bill cre- 
ates what we believe is a constitutionally acceptable form 
of capital punishment in New Hampshire. It sets forth 
eight (8) categories of victims. 

AMENDMENT 

Amend the title of the bill by striking out same and in- 
serting in place thereof the following: 

AN ACT 

to better protect the safety of New Hampshire citizens and law 

enforcement officers by authorizing capital punishment in 

certain circumstances, consistent with the New Hampshire 

constitution and decisions of the supreme court. 

Amend the bill by striking out all after the enacting clause 
and inserting in place thereof the following: 

1 Capital Murder. Amend RSA 630: 1 (supp) as inserted 
by 1971, 518:1 by striking out said section and inserting in 
place thereof the following: 

630: 1 Capital Murder. 

I. A person is guilty of capital murder if he: 

(a) Purposely causes the death of another; or 

(b) Knowingly causes the death of 

(1) A law enforcement officer acting in the line of duty; 

(2) Another before, after, ^vhile engaged in the commis- 
sion of, or while attempting to commit rape as defined in RSA 
632:1 or deviate sexual relations as defined in RSA 632:2, I; 

(3) Another before, after, while engaged in the commis- 



298 House Journal, 27Mar74 

sion of, or while attempting to commit kidnapping as that of- 
fense is defined in RSA 633: 1 ; 

(4) Another before, after, while engaged in the commis- 
sion of, or while attempting to commit robbery or burglary 
while armed with a deadly weapon, the death being caused by 
the use of such weapon; 

(5) Another in perpetrating or attempting to perpetrate 
arson as defined in RSA 634: 1, 1, II, or III; 

(6) Another for his personal pecuniary gain after having 
been criminally solicited to cause said death by any person: 

(7) The president or president-elect or vice-president or 
vice-president-elect of the United States, the governor or gover- 
nor-elect of New Hampshire or any state or any member or 
member-elect of the congress of the United States, or any candi- 
date for such office after such candidate has been nominated at 
his party's primary, when such killing is motivated by knoAvl- 
edge of the foregoing capacity of the victim. 

II. For the purpose of RSA 630:1, I (a), "purposely" shall 
mean that the actor's conscious object is the death of another, 
and that his act or acts were wilful and in furtherance of that 
object. 

III. As used in this section, a "law enforcement officer" is a 
sheriff or deputy sheriff of any county, a state police officer, a 
constable or police officer of any city or town, an official or em- 
ployee of any prison, jail or corrections institution, or any other 
local, state or federal official Avhose duties include enforcement 
of the criminal law. 

IV. A person convicted of a capital murder shall be pun- 
ished by death. 

V. As used in this section and RSA 630:2, 3, 4, and 5, the 
meaning of "another" does not include a foetus. 

2 Non-Capital Murder. Amend RSA 630 (supp) as in- 
serted by 1971, 518:1 by inserting after section 1 the following 
new section: 

630: 1-a Non-Capital Murder. 

I. A person is guilty of a non-capital murder if: 

(a) He knowingly causes the death of another, or 



House Journal, 27Mar74 299 

(b) He causes such death recklessly under circumstances 
manifesting an extreme indifference to the value of human life. 
Such recklessness and indifference are presumed if the actor 
causes the death by the use of a deadly weapon in the com- 
mission of, or in an attempt to commit, or in immediate flight 
after committing or attempting to commit any class A felony. 

II. Non-capital murder shall be punishable by imprison- 
ment for life for such term as the court may order. 

3 Manslaughter. Amend RSA 630:2 (supp) , as inserted by 
1971, 518:1 by striking out said section and inserting in place 
thereof the following: 

630:2 Manslaughter. 

I. A person is guilty of a class A felony when he causes the 
death of another 

(a) Under the influence of extreme mental or emotional 
disturbance caused by extreme provocation but which Avould 
otherwise constitute murder; or 

(b) Recklessly. 

4 Bail in Capital Murder Cases. Amend RSA 597: 1 (supp) , 
as amended, by striking out in line one the words "capital of- 
fenses" and inserting in place thereof the folloAving (offenses 
punishable by death) so that said section as amended shall read 
as follows: 

597:1 When Allowed. Except for offenses punishable by 
death where the proof is evident or the presumption is great, 
all persons arrested for crime shall, before conviction, be re- 
leased on personal recognizance or be bailable by sufficient sure- 
ties, whichever justice may require. 

5 Challenges in Capital Murder Cases; Defendant. Amend 
RSA 606:3, as amended, by striking out in line two the words 
"which may be" so that said section as amended shall read as 
follows: 

606:3 Challenges, Defendant. Every person arraigned and 
put on trial for an offense punishable by death, unless he stand 
wilfully mute, may, in addition to challenges for cause, peremp- 
torily challenge twenty, and in any other case the accused may 
so challenge three, of the jurors. 



300 House Journal, 27Mar74 

6 Challenges in Capital Murder Cases; State. Amend RSA 
606:4, as amended, by striking out in line one the words "which 
may be" so that said section as amended shall read as follows: 

606:4 Challenges, State. Upon the trial of any offense pun- 
ishable by death, the state, in addition to challenges for cause, 
shall be entitled to ten, and in any other case to three, peremp- 
tory challenges. 

7 Release From Life Sentence. Amend RSA 651:45-a 
(supp) , as inserted by 1973, 370:38, by inserting in line three 
after the word "nature" the following (and committed prior to 
November 1, 1973) so that said section as amended shall read as 
follows: 

651:45-a Eligibility for Release; Life Sentences. A prisoner 
serving a sentence of life imprisonment, except one convicted 
of murder which was psycho-sexual in nature and committed 
prior to November 1, 1973, may be given a like permit at any 
time after having served eighteen years which shall be deemed 
the minimum term of his sentence for the purposes of this sec- 
tion, minus any credits earned under the provisions of RSA 
651:55-a, 55-b, and 55-c, provided it shall appear to said board 
to be a reasonable probability that he will remain at liberty 
without violating the law and ^vill conduct himself as a good 
citizen. 

8 Eligibility for Parole; Persons Convicted of Psycho-sexual 
Murder. Amend RSA 651:45-b (supp), as inserted by 1973, 
370:38, by inserting in line two after the word "nature" the 
following (and committed prior to November 1, 1973) so that 
said section as amended shall read as follows: 

65L45-b Eligibility for Parole; Persons Convicted by Psy- 
cho-sexual Murder. A prisoner serving a sentence of life im- 
prisonment who has been convicted of murder which was psy- 
cho-sexual in nature and committed prior to November 1, 1973 
shall not be eligible for parole until he shall have served forty 
years minus any credits earned under the provisions of RSA 
651:55-a, 55-b, and 55-c and until the board shall recommend to 
the superior court that said prisoner should be released on 
parole. The superior court shall have a hearing on the recom- 
mendation of the board at which all interested parties, includ- 
ing the attorney general, may appear and present evidence. If it 
shall appear to the superior court after said hearing that there 



House Journal, 27Mar74 301 

is a reasonable probability that the prisoner Vv^ill remain at 
liberty without violating the law and will conduct himself as a 
good citizen, the court may order him released on parole with 
such conditions as it may deem just. 

9 Psycho-sexual Murder Certified. Amend RSA 65I:45-c 
(supp) , as inserted by 1973, 370:38, by inserting in line two 

after the word "murder" the following (committed prior to 
November 1, 1973) so that said section as amended shall read as 
follows: 

651:45-c Psycho-sexual murder Certified. Whenever any 
person is convicted of murder, committed prior to November 1 , 
1973, the presiding justice shall certify, at the time of sentencing, 
whether or not such murder was psycho-sexual in nature. 

10 Death Sentences. Amend RSA 630 by inserting after 
section 4 the following new sections: 



"o 



630:5 Form. Where penalty of death is imposed the sen- 
tence shall be, that the defendant be imprisoned in the state 
prison at Concord until the day appointed for his execution, 
which shall not be within one year from the day sentence is 
passed, and that he shall be then hanged by the neck until he is 
dead. 

630:6 Place; Witnesses. The punishment of death shall be 
inflicted within the walls or yard of the state prison. The sheriff 
of the county in which the person was convicted, and two of his 
deputies, shall be present, unless prevented by unavoidable 
casualty. He shall request the presence of the attorney general 
or country attorney, clerk of the court and a surgeon, and may 
admit other reputable citizens not exceeding twelve, the rela- 
tions of the convict, his counsel and such priest or clergyman 
as he may desire, and no others. 

11 Rights of Accused in Capital Murder Cases. Amend 
RSA 604: 1 (supp) , as amended, by striking out in lines one 
and two the words "a felony the punishment of which may be 
death" and inserting in place thereof the following (an offense 
punishable by death) so that said section as amended shall read 
as follows: 

604:1 Capital Cases. Every person indicted for an offense 
punishable by death shall be entitled to a copy of the indict- 
ment before he is arraigned thereon; to a list of the witnesses to 



302 House Journal, 27Mar74 

be used and of the jurors returned to serve on the trial, with the 
place of abode of each, to be delivered to him twenty-four hours 
before the trial; and to process from court to compel witnesses 
to appear and testify at the trial. Provided, however, the justice 
presiding at the trial may admit the testimony of any witness 
whose name and place of abode is not on the list hereinbefore 
provided for upon such notice to the respondent as he, the pre- 
siding justice, shall direct whenever in his discretion he deems 
such action will promote justice. 

12 Repeal. RSA 585:1 through 6, as amended, relative to 
homicide and offenses against the person, are hereby repealed. 

13 Effective Date. This act shall take effect upon its passage. 

Rep. H. Gwendolyn Jones explained the committee re- 
port. 

(discussion) 

Rep. Twigg moved that the report of the minority, ought 
to pass with amendment, be substituted for the majority report, 
ought to pass, and spoke in favor of his motion. 

Reps. McManus, Nighswander, Close, Orcutt, Fortier, and 
Frizzell spoke against the motion. 

Reps. Joseph L. Cote, Pryor, Patrick, T. Anne Webster, 
Read, Charles B. Roberts, Daniel J. Healy, Lyons, Rock, Gor- 
man, Clark and Richard L. Bradley spoke in favor of the mo- 
tion. 

Reps. Gerry F. Parker, Cobleigh, Record, and Curran non- 
spoke in favor of the minority report. 

QUORUM COUNT 

A quorum count was requested. 

309 members having answered, a quorum was declared 
present. 

Rep. Joseph L. Cote requested a roll coll. 

Seconded by Reps. T. Anne Webster, Read, Clark, James 
W. Murray, Pryor, Lebel, Parnagian, Twardus, Lesmerises, 
Myrl R. Eaton, Soule, Thibeault, Kashulines, Rowell, Buck- 
man, Skinner and Metcalf. 



House Journal, 27Mar74 303 

ROLL CALL 

YEAS: 201 NAYS: 101 

YEAS 

Hillsborough County: 

Eaton, Joseph M., Withington, Murray, Fred E., Karnis, 
Eaton, Clyde S., Heald, Philip C, Warren, E. George, Archam- 
bault. Knight, Roy, Antonio J., Nelson, Bragdon, Brown, G. 
Winthrop, Carter, Coburn, Langdell, Carswell, Dwyer, Lyons, 
Alukonis, Nutting, Polak, Ethier, McLaughlin, Rock, Cobleigh, 
Record, Belcourt, Winn, John T., Winn, Cecelia L., Charest, 
Desmarais, Lachance, Gabriel, Lefebvre, Migneault, Boisvert, 
Mason, Ouellette, Lebel, Ainley, Milne, Ackerson, Bourassa, 
Murphy, Bruton, Cote, Joseph L., Cullity, Dupont, Healy, 
Daniel J., Clancy, Drewniak, MacDonald, Thibeault, P. Robert, 
Burke, Grady, O'Connor, Timothy K., D'Allesandro, Lynch, 
Martineau, Bernier. 

Merrimack County: 

Bigelow, Chandler, Deoss, Hanson, Enright, Rice, Ga- 
mache, Gordon, George E., Bartlett, Mattice, Thompson, Doris 
L., Wiggin, Elmer S., Humphrey, James A., Fisher, Gate, Davis, 
Alice, Harriman, Noble. 

Rockingham County: 

King, Stimmell, Davis, Roy W., Wilson, Helen F., Boucher, 
William P., Kashulines, Skinner, Soule, Thibeault, George J., 
Barka, Gorman, MacGregor, Read, Campbell, Sayer, Spollett, 
Webster, Clarence L., Cummings, Vey, Erler, Goodrich, Simard, 
Tavitian, Rogers, Hamel, Akerman, Cunningham, Parr, Brown, 
Benjamin A., Collishaw, Eastman, Junkins, Page, Wolfsen, 
Stevens, Elliot A., Hammond, Maynard, Palfrey, Griffin, Dame, 
McEachern, Joseph A., Connors, Hodgdon. 

Strafford Count\': 

Dawson, Harvey, Rowell, Tirrell, Joncas, Bouchard, Ma- 
loomian, Chasse, Peter N., Tibbetts, Ruel, Winkley, Gagnon, 
Arthur, Leighton, Donnelly, Kincaid, Parnagian, Peabody, 
Pray. 

Sullivan County: 

Barrus, Rousseau, Roy, Mary R., Spaulding, Roma A., 
Burrows, Lewko, Scott, Olden, Wiggins, George L 



304 House Journal, 27Mar74 

Belknap County: 

French, Lawton, Matheson, Marsh, Roberts, Charles B., 
Twigg, Maguire, Murray, James W. 

Carroll County: 

Howard, Donalda K., Conley, Davis, Dorothy W., Webster, 
T. Anne. 

Cheshire County: 

Galloway, Johnson, Elmer L., Whipple, Marshala, Savage, 
Forcier, Gordon, Anne B., Turner, Raymond, Ames, Streeter, 
Drew. 

Coos County: 

Huggins, Metcalf, Bushey, Hunt, Drake, Burns, Richard- 
son, Mabel L., Kidder, Victor L., Pryor, Gagnon, Rebecca. 

Grafton County: 

Curran, Tilton, Stevenson, Fimlaid, Bradley, Richard L., 
Clark, Jones, Anthony K., Mann, Ezra B., Anderson, Fayne E., 
Altman, Buckman, Harrison, Gemmill, Bell, Krainak, Du- 
haime, Eaton, Myrl R., Townsend, Madeline G. 

NAYS 

Hillsborough County: 

Colburn, Thomson, Harold E., Orcutt, Perkins, Arnold 
B., Harvell, Van Loan, Spalding, Kenneth W., Hall, Geiger, 
Bergeron, Smith, Leonard A., Currier, Richardson, John W., 
Parker, Gerry F., Zechel, Tropea, Woodruff, Cote, Margaret 
S., McGlynn, Wilcox, Horan, Nardi, Spirou, Shea, Gelinas, 
O'Neil, Dorthea M., Gillmore, Normand. 

Merrimack County: 

Thompson, Arthur E., Sherman, Parker, Harry C, Goff, 
John B., Boucher, Laurent J., Cushman, Kopperl, Haller, Mc- 
Lane, Jones, H. Gwendolyn, Tarr, Rich, Underwood, Wilson, 
Ralph W., Howard C, Edwin, Hager. 

Rockingham County: 

Gibbons, Roy, Vesta M., Sanborn, Schwaner, Scamman, 
Weeks, Greene, Lockhart, Splaine, McEachern, Paul. 

Strafford County: 

Beckett, Dudley, Plumer, Hebert, Tanner, Thompson, 
Barbara C, Preston, Tripp, Bernard, O'Connor, Roderick H., 
Lessard, McManus. 



House Journal, 27Mar74 305 

Sullivan County: 

Townsend, Sara M., Tucker, Brodeur, Frizzell, William- 
son. 

Belknap County: 

Nighswander, Wuelper, Bowler, Roberts, George B., 
Hood, Hildreth. 

Carroll County: 

Duprey, Chase, Claflin. 

Cheshire County: 

Stevens, Anthony, O'Neil, James E., Ladd, Milbank, Nims, 
Cooke, Close, Scranton. 

Coos County: 

Patrick, Oleson, Fortier, Brungot, Theriault. 

Grafton County: 

Gallen, Jones, Albert C, Webb, Bradley, David J., Nutt, 
Chambers, Copenhaver, Symons. 

Reps. D'Amante, Mary Sullivan, Twardus, Southwick, 
Hoar, Boisse, Daniels and Seamans wish to be recorded in favor 
of the motion to substitute the minority report. 

QUORUM COUNT 

Rep. T. Anne Webster requested a quorum count. 

297 members having answered, a quorum was declared 
present. 

Rep. Twigg questioned the adequacy of the count in Div- 
ision 2. 

Division 2 — 75. 

The motion to substitute the report of the minority for 
the majority report on SB 27 carried. 

Rep. McManus offered an amendment. 

The clerk read the amendment in full. 

Rep. Nelson challenged the admissability of the amend- 
ment. 

The Speaker ruled the amendment presented by Rep. Mc- 



306 House Journal, 27Mar74 

Manus out of order in view of the House tradition requiring 
seven copies of an amendment. 

Rep. George B. Roberts, Jr. moved that further action on 
SB 27 be deferred to allow Rep. McManus to secure the proper 
number of copies of his amendment and spoke in favor of his 
motion. 

Rep. Daniel J. Healy and Stevenson spoke in favor of the 
motion. 

(discussion) 

Rep. McManus withdrew his amendment. 

Rep. Twigg moved that Rep. Roberts' motion be laid on 
the table. 

Motion laid on the table. 

SB 27 ordered to third reading. 

(Speaker in the Chair) 

RECESS 

AFTER RECESS 

ENROLLED BILLS REPORT 

HB 27, relative to amending certain provisions of the Off 
Highway Recreational Vehicle Law, RSA 269-C. 

HB 30, relative to the civil commitment procedures in the 
probate courts and detention and discharge procedures for the 
mentally ill. 

HB 32, relative to the commission and taxes on pari-mu- 
tuel pools at dog tracks. 

Mabel L. Richardson 

For The Committee 

ENROLLED BILLS AMENDMENT 

HB 7, permitting municipalities to establish, acquire, 
maintain and operate public transportation facilities in coop- 
eration with governmental units of adjoining states; permit- 
ting broader cooperation in furnishing of municipal services; 
and permitting cities and towns to appropriate money for group 
homes. 



House Journal, 27Mar74 307 

AMENDMENT 

Amend section 2 of said bill by striking out lines four, five 
and six and inserting in place thereof the following: 

XV. The establishment or acquisition and maintenance 
and operation, or contracting for the maintenance and opera- 
tion of any public transportation system and related facilities 
for the transportation of passengers. 

The clerk read the amendment in full. 

Adopted. 

SENATE MESSAGES 

CONCURRENCE SB WITH HOUSE 
AMENDMENT 

SB 4, relative to penalties and forfeitures for noncompli- 
ance with sewage and waste disposal rules and regulations of 
the water supply and pollution control commission. 

SB 24, authorizing cities and towns to grant franchises for 
cable television systems. 

SB 12, to further protect the rights of mobile home owners 
by requiring that mobile home park owners and operators state 
the rules and regulations of the park in writing and provide all 
tenants with copies of the rules and to encourage the construc- 
tion of mobile home parks by not prohibiting the so-called 
"first sale" restriction in a new park. 

SB 8, relative to the distribution of testate property follow- 
ing waiver of a will by surviving spouse and relative to the form 
of notice given for termination of parental rights. 

SB 22, establishing a study committee to develop a plan to 
provide public assistance to private institutions of higher learn- 
ing in this state and relating to the Lafayette Regional School 
District and Bethlehem School District. 

CONCURRENCE 

HCR 7, establishing a joint committee to study federal 
funding from the administration on aging. 

CHANGE OF HOUSE CONFEREE 
HB 18, Rep. Spirou replacing Rep. Sununu. 



308 House Journal, 27Mar74 

SENATE MESSAGE 

CONCURRENCE HB WITH SENATE 
AMENDMENT 

HB 5, relative to the office of energy administrator. 

(Amendment printed in SJ March 20) 

Rep. McLane moved that the House nonconcur in the 
Senate amendment and that a Committee of Conference be es- 
tablished. 

(discussion) 

Rep. George E. Gordon spoke in favor of the motion. 

Rep. Daniell spoke against the motion. 

Adopted. 

The Speaker appointed Reps. Arthur F. Mann, Bigelow, 
Mattice, Cushman, and Hildreth. 

CONCURRENCE HB WITH SENATE 
AMENDMENT 

HB 29, relative to tuition payments for handicapped chil- 
dren; amending the appropriation for same; defining a handi- 
capped child as a person up to the age of twenty-one; and pro- 
viding for educational and other expenses in public institutions. 

(Amendment printed in SJ March 26) 

Rep. French moved that the House nonconcur in the 
Senate amendment and that a committee of conference be 
established. 

Adopted. 

The Speaker appointed Reps. French, Raymond, Rock, 
Chambers and Cotton. 

CONCURRENCE HB WITH SENATE 
AMENDMENT 

HB 11, to increase the salaries of state classified employees 
and employees of the university system and providing differen- 
tial pay to classified prison employees and correctional psychi- 
atric aides at the New Hampshire Hospital and making appro- 
priations therefor. 



House Journal, 27Mar74 309 

(Amendment printed SJ March 26) 

Rep. Drake moved that the House nonconcur in the Senate 
amendment and that a committee of conference be established. 

Adopted. 

The Speaker appointed Reps. McLane, Gallen, Weeks, 
William F. Kidder and Belcourt. 

CONCURRENCE HB WITH SENATE 
AMENDMENT 

HB 17, increasing the mileage rate for all state employees 
using privately owned passenger vehicles and making an appro- 
priation therefor. 

Rep. Drake moved that the House concur in the Senate 
amendment. 

(Amendment printed SJ March 26) 

Adopted. 

CONCURRENCE HB WITH SENATE 
AMENDMENT 

HB 1, making supplemental appropriations for expenses 
of certain departments of the state for the fiscal years ending 
June 30, 1974 and June 30, 1975 and making other budgetary 
changes. 

Rep. Drake moved that the House noncur in the Senate 
amendment and that a committee of conference be established. 

Adopted. 

The Speaker appointed Reps. Drake, Ferguson, Scamman, 
McGinness and John W. Richardson. 

The Speaker called for the special order on: 

HB 19, increasing the amount of political expenditures 
authorized for candidates in primary and general elections 
seeking the office of governor, U. S. senator, representative in 
congress, governor's councilor, county officer, state senator, or 
representative to the general court. 

The question is: Shall the bill pass notwithstanding the 
governor's veto. 



310 House Journal, 27Mar74 

Reps. Lawton, McLane, Spirou, George B. Roberts, Jr., 
Currier, Chase and Zachos spoke in favor of overriding the 
Governor's veto. 

Reps. Fred E. Murray, Close, Bernier and Gelinas non- 
spoke in favor of overriding the Governor's veto. 

Reps, Cate, Barrus, Sayer, Twigg, Coutermarsh, Gerry F. 
Parker, Daniell, Joseph L. Eaton, Albert C. Jones, Stevenson, 
Nelson, Plourde, Brungot and Chandler spoke in favor of sus- 
taining the Governor's veto. 

Reps. Donnelly, Rice, Turner, Connors, Forcier, Tony 
Smith, Curran, Tripp, Preston, Polak, Winkley, Colby, Fortier 
and George E. Gordon non-spoke in favor of sustaining the 
Governor's veto. 

(discussion) 

ROLL CALL 

YEAS: 146 NAYS: 180 

YEAS 

Belknap County: 

French, Lawton, Matheson, Nighswander, Wuelper, Hood, 
Bowler, Roberts, Charles B., Roberts, George B., Hildreth, 
Sabbow. 

Carroll County: 

Duprey, Chase, Claflin, Allen. 

Cheshire County: 

Stevens, Anthony, Ladd, McGinness, Gordon, Anne B., 
Milbank, Raymond, Cooke, Close, Nims, Scranton. 

Coos County: 

Hunt, Drake, Burns, Oleson. 

Grafton County: 

Gallen, Fimlaid, Mann, Ezra B., Altman, Bell, Webb, Brad- 
ley, David J., Copenhaver, Nutt, Townsend, Madeline G. 

Hillsborough County: 

Mann. Arthur F., Murray, Fred E., Colburn, Orcutt, Van 
Loan, Harvell, Brown, G. Winthrop, Spalding, Kenneth W. 
Carter, Ferguson, Hall, Nutting, Smith, Leonard A. Currier, 



House Journal, 27Mar74 311 

Richardson, John W., Zechel, Belcourt, Woodruff, Cote, Mar- 
garet S., Winn, John T., Winn, Cecelia L., Gabriel, McGlynn, 
Ainley, Daniels, Zachos, Horan, Nardi, Spirou, Shea, Dupont, 
Drewniak, Sullivan, Mary J., Gelinas, O'Neil Dorthea M., 
Burke, O'Connor, Timothy K., Gillmore, Lynch, Normand. 

Merrimack County: 

Kidder, William F., Sherman, Bigelow, Parker, Harry C, 
Hanson, Goff, John B., Cushman, Thompson, Doris L., Wig- 
gin, Elmer S., Burleigh, Gate, Haller, Davis, Alice, McLane, 
Newell, Tarr, Rich, Underwood, Harriman, Wilson, Ralph W., 
Howard, C. Edwin, Woodward, Hager, Noble. 

Rockingham County: 

Stimmell, Gibbons, Campbell, Roy, Vesta M., Spollett, 
Sanborn, Simard, Tavitian, Hamel, Brown, Benjamin A., Colli- 
shaw, Eastman, Junkins, Page, Scamman, Wolfsen, Stevens, El- 
liot A., Weeks, Greene, Lockhart, Maynard, Griffin, Cotton, 
McEachern, Joseph A., Connors, McEachern, Paul. 

Strafford County: 

Beckett, Dudley, Plumer, Herbert, Meserve, Thompson, 
Barbara C, Leighton, O'Connor, Roderick H., Lessard, Pea- 
body. 

Sullivan County: 

Townsend, Sara M., Tucker, Burrows, Lewko, Scott, Friz- 
zell. Olden. 

NAYS 

Belknap County: 

Maguire, Murray, James W., T-wigg, Marsh. 

Carroll County: 

Howard, Donalda K., Conley, Davis, Dorothy W., Web- 
ster, T. Anne. 

Cheshire County: 

Galloway, Johnson, Elmer L., Whipple, Marshala, Savage, 
Forcier, Yardley, Turner, Ames, Streeter, Drew. 

Coos County: 

Huggins, Metcalf, Patrick, Bushey, Kidder, Victor L., For- 
tier, Pryor, Brungot, Lemire, George, Gagnon, Rebecca, Theri- 
ault. 



312 House Journal, 27Mar74 

Grafton County: 

Curran, Tilton, Stevenson, Bradley, Richard L., Clark, 
Jones, Anthony K., Anderson, Fayne E., Jones, Albert C, Buck- 
man, Harrison, Gemmill, Krainak, Chambers, Duhaime, Ea- 
ton, Myrl R. 

Hillsborough County: 

Eaton, Joseph M., Humphrey, Howard S., Withington, 
Karnis, Eaton, Clyde S., Heald, Philip C, Warren, E. George, 
Thomson, Harold E., Archambault, Knight, Roy, Antonio J., 
Perkins, Arnold B., Nelson, Bragdon, Coburn, Langdell, Cars- 
well, Dwyer, Geiger, Lyons, Alukonis, Bednar, Polak, Sea- 
mans, Ethier, McLaughlin, Rock, Cobleigh, Parker, Gerry F., 
Record, Tropea, Charest, Desmarais, Lachance, Lefebvre, Bois- 
vert. Mason, Ouellette, Wilcox, Coutermarsh, Lebel, Ackerson, 
Bourassa, Murphy, Bruton, Cote, Joseph L., Cullity, Healy, 
Daniel J., Clancy, Gardner, Thibeault, P. Robert, Grady, 
D'Allesandro, Sweeney, Lemire, Armand R., Levasseur, Mar- 
tineau. 

Merrimack County: 

Thompson, Arthur E., Chandler, Deoss, Boucher, Laurent 
J., Enright, Rice, Gordon, George E., Plourde, Bartlett, Kop- 
perl, Mattice, Humphrey, James A., Daniell, Fisher. 

Rockingham County: 

King, Benton, Davis, Roy W., Wilson, Helen F., Boucher, 
William P., Kashulines, Skinner, Soule, Thibeault, George J., 
Barka, Gorman, MacGregor, Read, Belair, DeCesare, Goff, Eliz- 
abeth E., Sayer, Sununu, Webster, Clarence L., Cummings, Vey, 
Erler, Goodrich, Hoar, Schwaner, Rogers, Akerman, Cunning- 
ham, Parr, Twardus, Hammond, Splaine, Dame, Hodgdon, 
Keefe. 

Strafford County: 

Dawson, Harvey, Colby, Rowell, Tirrell, Joncas, Bouchard, 
Maloomian, Chasse, Peter N., Tanner, Tibbetts, Ruel, Winkley, 
Preston, Tripp, Boisse, Bernard, Donnelly, Kincaid, Parnagian, 
Pray. 

Sullivan County: 

Barrus, Rousseau, Roy, Mary R., Spaulding, Roma A., 
Brodeur, D'Amante, Wiggins, George L, Williamson. 

PAIR 
Rep. Ellis voting yes; Rep. McManus voting no. 



House Journal, 27Mar74 313 

Failing to get the necessary two-thirds, the Governor's veto 
on HB 19 was sustained. 

Rep. Southwick wished to be recorded as voting "yes" on 
Governor's veto on HB 19. 

Rep. Palfrey wished to be recorded as voting "no" on Gov- 
ernor's veto on HB 19. 

SENATE MESSAGE 

CONCURRENCE 

HB 36, permitting the sale of milk in three quart con- 
tainers. 

HB 37, to provide for the repeal of the law tending to pro- 
hibit hitchhiking. 

HB 13, repealing the termination date of RSA 357-B. 

SUSPENSION OF RULES 

Rep. Zachos moved that the Rules of the House be so far 
suspended as to place the following Senate Bills on third read- 
ing and final passage by title only at the present time. 

Adopted by the necessary two-thirds. 

Third reading and final passage 

SB 20, providing for regulation of franchise agreements 
for the sale of gasoline and requiring the posting of motor fuel 
prices. 

SB 27, to better protect the safety of New Hampshire citi- 
zens and law enforcement officers by authorizing capital punish- 
ment in certain circumstances, consistent with the New Hamp- 
shire constitution and decisions of the Supreme Court. 



Rep. T. Anne Webster suggested that Rep. Twigg be ap- 
pointed to the committee of conference on SB 27 to better pro- 
tect the safety of New Hampshire citizens and law enforcement 



314 House Journal, 27Mar74 

officers by changing penalties for homicide in certain circum- 
stances, if a conference committee is established, and spoke in 
favor of her suggestion. 

Reps. Zachos, Spirou, Daniel J. Healy and Sara M. Town- 
send spoke against the suggestion. 

Reps. George E. Gordon and Mary J. Sullivan spoke in 
favor of the suggestion. 

Rep. Webster spoke a second time in favor of her sug- 
gestion. 

(Deputy Speaker in the Chair) 

Rep. James E. O'Neil spoke against the suggestion. 

Suggestion lost. 

COMMITTEE REPORTS CONTINUED 

SB 7 

relative to capital improvements to the Mount Washington 
summit and making an appropriation therefor. Ought to pass 
with amendment. Rep. Drake for Appropriations. 

AMENDMENT 

Amend the bill by striking out sections 2, 3, and 4 and in- 
serting in place thereof the following: 

2 Mount Washington Bonds Authorized. To provide funds 
for the appropriation made in section 1 of this act, the state 
treasurer is hereby authorized to borrow upon credit of the 
state not exceeding the sum of two million nine hundred 
seventy-three thousand dollars and for said purpose may issue 
bonds and notes in the name and on behalf of the state of New 
Hampshire in accordance with the provisions of RSA 6-A. The 
amount of bonds to be issued shall be reduced by total of gifts, 
grants or donations from sources other than the state. No bonds 
authorized in this section shall be issued prior to January 15, 
1975, and then only with the specific authority of the Governor 
and Council for the purposes set forth in section 4 of this act. 

3 Mount Washington Fund. Amend RSA 227-B by insert- 
ing after section 8 the following new section: 

227-B:9 Mount Washington Fund. There is hereby estab- 



House Journal, 27Mar74 315 

lished in the office of the state treasurer a fund to be known as 
the Mount Washington fund which shall be kept separate and 
distinct from all other funds. Such fund shall be the depository 
of all fees received from the commission pursuant to RSA 227- 
B:6, III and all gifts, grants or donations made to the commis- 
sion pursuant to RSA 227-B:8. From such fund shall be paid 
the expenses of the commission plus the principal and interest 
on any bonds which may be issued in the name of the state for 
the purpose of capital improvements to the summit. Any monies 
in such fund shall not lapse into the general fund of the state 
until the fund balance equals the total bonds, interest and 
charges outstanding. 

4 Construction Authorized. Amend RSA 227-B:6, IV (supp) 
as inserted by 1969, 427:1 by striking out said paragraph and 
inserting in place thereof the following: 

IV. Supervise the work done on capital improvements au- 
thorized by the General Court for Mount Washington. The 
Governor and Council to authorize the carrying out of the 
capital improvements to the Mount Washington summit au- 
thorized by the general court in a manner consistent with the 
ten-year master plan prepared by the commission when said 
commission can certify it has raised or accounted for one million 
dollars or more in gifts, grants or donations from sources other 
than the state. 

Rep. Cunningham non-spoke in favor of the amendment. 

Rep. Lessard non-spoke against the amendment. 

Reps. Curran and Clark spoke against the amendment. 

Rep. Hall expressed Rep. Boyd's objections to the amend- 
ment. 

Reps. Oleson, Rock and Victor L. Kidder spoke in favor of 
the amendment. 

Rep. Drake explained the committee report. 

Amendment adopted. 

Ordered to third reading. 

SB 10 

establishing a sire stakes program and a standardbred 



316 House Journal, 27Mar74 

breeders and owners development agency. Ought to pass with 
amendment. Rep. Drake for Appropriations. 

AMENDMENT 

Amend RSA 426-A:5 as inserted by section 1 of the bill 
by striking out said section and inserting in place thereof the 
following: 

426-A:5 Sire Stakes Fund. There is hereby established a 
fund within the department of agriculture, to be known as the 
sire stakes fund, which shall be kept separate and distinct from 
all other funds appropriated to such department. All revenue 
received pursuant to the provisions of this chapter and RSA 
284:22, II, shall be deposited in the sire stakes fund, which 
shall be non-lapsing. Said funds are hereby continually appro- 
priated for the payment of awards and the costs of administer- 
ing the provisions of this chapter, including the remuneration 
of the expenses of the board, and shall be disbursed by the 
commissioner of agriculture or his delegate. The state treasur- 
er upon the certification of the commissioner of agriculture 
or his delegate and with the approval of the board of trustees, 
shall make payment to the designated harness track for reim- 
bursement of such funds as are paid by said track as the award 
for an approved sire stakes race. The commissioner of agricul- 
ture shall file a report annually with the state treasurer setting 
forth an itemization of all deposits to, and disbursements from, 
said sire stakes fund. 

Further amend the bill by striking out all after section 1 
and inserting in place thereof the following: 

2 Payment to Sire Stakes Fund. Amend RSA 284:22, II 
(supp) , as amended, by striking out said paragraph and insert- 
ing in place thereof the following: 

II. The commission on such pools at tracks or race meets 
at which harness races are conducted for public exhibition, in- 
cluding those conducted by agricultural fairs, shall be uniform 
throughout the state at the rate of nineteen percent of each 
dollar wagered plus the odd cents of all redistribution to be 
based upon each dollar wagered exceeding a sum equal to the 
next lowest multiple of ten, known as "breakage", one-half 
of which breakage shall be retained by the licensee in addition 
to the commission above provided, and the balance of such 



House Journal, 27Mar74 317 

breakage shall be paid to the state treasurer three-fourths of 
said balance for the use of the state in accordance with the pro- 
visions of RSA 284:2, the remaining one-fourth of the balance 
to be deposited in the sire stakes fund established by RSA 426- 
A:5. Each licensee shall pay the tax provided for in RSA 284:- 
23. 

3 Appropriation. There is hereby appropriated the sum 
of fifteen thousand dollars for the fiscal year ending June 30, 
1975 for the purposes of this act. The governor is authorized 
to draw his warrant for the sum hereby appropriated out of 
any money in the treasury not otherwise appropriated. 

4 Effective Date. 

I. Section 2 of this act shall take effect on July 1, 1975. 

II. The remainder of this act shall take effect on July 1, 
1974. 

Rep. Read spoke against the amendment. 

Rep. Drake explained the committee report. 

(discussion) 

Rep. Plourde spoke against the amendment. 

Reps. Raymond and Daniell spoke in favor of the amend- 
ment. 

Rep. Curran non-spoke against the amendment. 

Rep. Plourde spoke a second time against the amendment. 

Rep. Cobleigh moved the previous question. 

Sufficiently seconded. 

Adopted. 

Amendment adopted. 

Rep. Plourde offered an amendment. 

The clerk read the amendment in full. 

Rep. Plourde spoke in favor of his amendment. 

(discussion) 
Rep. Drake spoke against the Plourde amendment. 
Plourde amendment lost. 
Ordered to third reading. 



318 House Journal, 27Mar74 

SUSPENSION OF RULES 

Rep. Chase moved that the Rules of the House be so far 
suspended as to place the following Senate Bills on third read- 
ing and final passage by title only at the present time. 

Adopted by the necessary tAvo-thirds. 

SB 7, relative to capital improvements to the Mount Wash- 
ington summit and making an appropriation therefor. 

SB 10, establishing a sire stakes program and a standard- 
bred breeders and owners development agency. 

RECESS 

AFTER RECESS 

SENATE MESSAGES 

ACCEDED REQUEST FOR COMMITTEE 
OF CONFERENCE 

HB 5, relative to the office of energy administrator. 

The President appointed Sens. Poulsen, Lamontagne and 
Green. 



HB 11, to increase the salaries of state classified employees 
and employees of the university system and providing differen- 
tial pay to classified prison employees and correctional psychi- 
atric aides at the New Hampshire state hospital and making 
appropriations therefor. 

The President appointed Sens. Trowbridge, Provost and 
Green. 



HB 29, relative to tuition payments for the definitions of 
handicapped persons under the age of twenty-one and amend- 
ing the appropriation for same and educational expenses in 
public institutions. 

The President appointed Sens. Green, Downing and Ste- 
phen W. Smith. 



HB 18, requiring local approval prior to approval of site 
plans for oil refineries. 



House Journal, 27Mar74 319 

The President appointed Sens. Porter, Preston and John- 



son. 



HB 1, making supplemental appropriations for expenses 
of certain departments of the state for the fiscal years ending 
June 30, 1974 and June 30, 1975 and making other budgetary 
changes. 

The President appointed Sens. Trowbridge, Foley and 
Green. 



HB 2, making appropriations for capital improvements. 

The President appointed Sens. Trowbridge, Blaisdell and 
Sanborn. 



HB 33, relative to the Winnipesaukee River Basin Control. 
The President appointed Sens. Porter, Claveau and Gard- 



ner. 



HB 35, An act providing for twenty years retirement for 
members of group II under the New Hampshire Retirement 
System, permitting the transfer of members of the New Hamp- 
shire Firemen's Retirement System and of the New Hampshire 
Policemen's Retirement System into the New Hampshire Re- 
tirement System and making an appropriation therefor. 

The President appointed Sens. Trowbridge, Blaisdell and 
Green. 

CONCURRENCE SB WITH HOUSE AMENDMENT 

SB 20, providing for regulation of franchise agreements 
for the sale of gasoline and requiring the posting of motor fuel 
prices. 

CONCURRENCE HB WITH SENATE 
AMENDMENT 

HB 21, relative to the duties of the state board of educa- 
tion and prohibiting the expenditure of public moneys in non- 
public schools unless said schools have program approval by the 
department of education. 



320 House Journal, 27Mar74 

Rep. French moved that the House concur in the Senate 
amendment. 

(Amendment printed SJ March 27) 
Adopted. 

COMMITTEE REPORTS CONTINUED 
SB 26 

providing for retirement benefits for supreme and superior 
court justices. Ought to pass with amendment. Rep. Drake for 
Appropriations 

AMENDMENT 

Amend the bill by striking out section 3 and inserting in 
place thereof the following: 

3 Any benefits that may become due under the provisions 
of this act through July 1, 1975 shall be a charge against funds 
not otherwise appropriated. The governor is authorized to 
draw his warrant for said sums out of any money in the trea- 
sury not otherwise appropriated. 

4 Effective Date. This act shall take effect on its passage. 
Amendment adopted. 

Ordered to third reading. 

House Resolution requesting an advisory opinion from 
the Attorney General relative to manpower training and other 
federal programs. Ought to be adopted. Rep. Madeline G. 
Townsend for Municipal and County Government. 

Statutes require that the Legislature request opinions from 
the Attorney General, through the means of a resolution. 

Only two counties, Hillsborough and Rockingham, would 
be eligible to administer "manpower training programs", 
by virtue of population of over 100,00, if proven eligible. 

The Attorney General is requested to furnish a ruling as to 
county eligibility to receive and administer funds for the 
"Federal Manpower Training Program." 

Resolution adopted. 



House Journal, 27Mar74 321 

SB 21 

establishing a commission on children and youth. Refer to 
an interim study committee. Rep. Elizabeth E. Goff for Public 
Health and Welfare. 

Because of objections to the bill raised at the public hear- 
ing and because committee members were concerned about 
protecting confidentiality of children's records, it was de- 
cided to refer this bill to an interim study committee. 

Referred to the committee on Public Health and Welfare 
for interim study. 

SUSPENSION OF RULES 

Rep. Drake moved that the rules of the House be so far 
suspended as to dispense with advertising in Calendar on SB 3, 
changing the compensation of certain state law enforcement 
employees and fees of witnesses, and to permit the bill to be 
taken up at the present time. 

Adopted by the necessary two-thirds. 

COMMITTEE REPORTS CONTINUED 

SB 3 

changing the compensation of certain state law enforce- 
ment employees and fees of witnesses. Ought to pass. Rep. Drake 
for Appropriations. 

Rep. Drake explained the committee report. 

Ordered to third reading. 

SUSPENSION OF RULES 

Rep. Drake moved that the rules of the House be so far 
suspended as to dispense with advertising in Calendar on SB 11, 
establishing a state historic preservation office and making an 
appropriation therefor, and to permit the bill to be taken up at 
the present time. 

Adopted by the necessary two-thirds. 

COMMITTEE REPORTS CONTINUED 

SB 11 

establishing a state historic preservation office and making 



322 House Journal, 27Mar74 

an appropriation therefor. Ought to pass. Rep. Drake for Ap- 
propriations. 

Rep. Drake explained the committee report. 

Ordered to third reading. 

SUSPENSION OF RULES 

Rep. Arthur F. Mann moved that the rules of the House 
be so far suspended as to dispense with advertising in the 
Calendar on SCR 1, referring the question of the reclassification 
of a certain highway in the town of Clarksville to a joint legis- 
lative committee, and to permit the bill to be taken up at the 
present time. 

Adopted by the necessary two-thirds. 

COMMITTEE REPORTS CONTINUED 

SCR 1 

referring the question of the reclassification of a certain 
highway in the town of Clarksville to a joint legislative com- 
mittee. Ought to pass. Rep. Victor L. Kidder for Public Works. 

The joint study committee plan to resolve this matter. 

Rep. Mann explained the committee report. 

Resolution adopted. 

SUSPENSION OF RULES 

Rep. Arthur F. Mann moved that the rules of the House 
be so far suspended as to dispense with advertising in the Calen- 
dar on SCR 2, referring the question of compensation for the 
town of Gorham to a joint legislative committee, and to permit 
the bill to be taken up at the present time. 

Adopted by the necessary two-thirds. 

COMMITTEE REPORTS CONTINUED 

SCR 2 

referring the question of compensation for the town of 
Gorham to a joint legislative committee. Ought to pass. Rep. 
Fortier for Public Works. 



House Journal, 27Mar74 323 

The committee feels that the joint House and Senate com- 
mittee study plan is a proper solution to this problem. 

Rep. Mann gave a brief explanation of the resolution. 

Adopted. 

SUSPENSION OF RULES 

Rep. Hanson moved that the rules be so far suspended as 
to dispense with advertising in the Calendar on SB 31, authoriz- 
ing the cities of Berlin and Keene to acquire, develop and 
operate industrial parks within each such city and to aid the 
construction and expansion of industrial facilities within each 
such city by the issue of revenue bonds, and to permit the bill 
to be taken up at the present time. 

Adopted by the necessary two-thirds. 

COMMITTEE REPORTS CONTINUED 

SB 31 

authorizing the cities of Berlin and Keene to acquire, de- 
velop and operate industrial parks within each such city and to 
aid the construction and expansion of industrial facilities within 
each such city by the issue of revenue bonds. Ought to pass. 
Rep. Timothy K. O'Connor for Municipal and County Govern- 
ment. 

Rep. Hanson gave a brief explanation of the committee re- 
port. 

At the request of Rep. George E. Gordon, Rep. Hanson 
answered questions. 

Rep. Brungot nonspoke in favor of the passage of SB 31. 

Rep. George B. Roberts, Jr. spoke in favor of SB 31. 

Ordered to third reading. 

SUSPENSION OF RULES 

Rep. Zachos moved that the Rules of the House be so far 
suspended as to place the following Senate Bills on third read- 
ing and final passage by title only at the present time. 

Adopted by the necessary two-thirds. 

SB 3, changing the compensation of certain state law en- 
forcement employees and fees of witnesses. 



324 House Journal, 27Mar74 

SB 11, establishing a state historic preservation office and 
making an appropriation therefor. 

SB 31, authorizing the cities of Berlin and Keene to ac- 
quire, develop and operate industrial parks within each such 
city and to aid the construction and expansion of industrial 
facilities within each city by the issue of revenue bonds. 

SENATE MESSAGES 

CONCURRENCE HB WITH SENATE 
AMENDMENT 

HB 4 providing supplemental grants to families with de- 
pendent children and making an appropriation therefor and 
authorizing flat grant payments for categorical assistance. 

Rep. Drake moved that the House non-concur in the Senate 
amendment and that a Committee of Conference be established. 

(discussion) 

Rep. Drake explained the bill. 

Adopted. 

The Speaker appointed Reps. McLane, Ferguson, Hough, 
John B. Goff, and Margaret S. Cote. 

CONCURRENCE HB WITH SENATE AMENDMENT 

HB 24, permitting the use of changeable effective date 
designations, such as decals, on all motor vehicle and boat reg- 
istration plates; authorizing the governor and council to es- 
tablish temporary speed laws; exempting certain functions rela- 
tive to motor vehicle and highways from the provisions of the 
administrative procedures act; and exempting the department 
of fish and game from procedural requirements of their rule 
making under Title XVIII, until June 30, 1975. 

(Amendment printed SJ March 27) 

Rep. Hamel moved that the House non-concur in the 
Senate amendment and that a committee of conference be es- 
tablished. 

(discussion) 

Adopted. 



House Journal, 27Mar74 325 

The Speaker appointed Reps. Hamel, Conley, Akerman, 
Duhaime and D'Amante. 

SUSPENSION OF RULES 

Rep. Hamel moved that the rules be so far suspended as 
to dispense with advertising in the Calendar on SJR 3, estab- 
lishing a committee to study highway safety and motor vehicle 
weight, length and width requirements, and to permit the bill 
to be taken up at the present time. 

Adopted by the necessary two-thirds. 

COMMITTEE REPORTS CONTINUED 

SJR 3 

establishing a committee to study highway safety and mo- 
tor vehicle weight, length and width requirements. Ought to 
pass with amendment. Rep. Hamel for Transportation. 

AMENDMENT 

Amend the resolution by striking out all after the resolv- 
ing clause and inserting in place thereof the following: 

There is hereby established a special legislative commit- 
tee to study and recommend changes from time to time if and 
as needed to the statutes, including, but not limited to, the 
gross weight, length and width requirements for motor vehicles 
operating on the highways, taking into consideration the safety 
of the motoring public and the maintenance of the highways 
of the state. Said committee shall consist of seventeen mem- 
bers appointed as follows: three senators from the public works 
and transportation committee appointed by the president of 
the senate; five representatives appointed by the speaker of the 
house; three members representing the trucking industry ap- 
pointed by the governor and council; the commissioner of pub- 
lic works and highways, or his designee; the director of motor 
vehicles, or his designee; the manager of the New Hampshire 
Division of the American Automobile Association, or his des- 
ignee; the attorney general, or his designee; the chairman of 
the highway safety commission, or his designee; and the direc- 
tor of legislative services, or his designee. The committee shall 
elect one of its members as chairman. The committee shall 
make its report of findings and recommendations for legislation 



326 House Journal, 27Mar74 

no later than December 31, 1974. The committee shall have 
full power and authority to require from the several depart- 
ments, agencies and officials of the state and its political sub- 
divisions, such data, information and assistance as it may deem 
necessary or desirable for the purposes of the study. 

Rep. Hamel explained the amendment. 

Amendment adopted. 

Ordered to third reading. 

SENATE MESSAGE 

CONCURRENCE HB WITH SENATE 
AMENDMENT 

HB 34, relative to energy facility evaluation, siting, con- 
struction and operations and providing for a tax on refined 
petroleum products. 

Rep. Greene moved that the House non-concur in the 
Senate amendment and that a Committee of Conference be 
established. 

Rep. Greene explained her motion. 

(discussion) 

Rep. George B. Roberts, Jr. spoke in favor of the motion. 

Adopted. 

The Speaker appointed Reps. Greene, George B. Roberts 
Jr., Nutt, Woodruff and David J. Bradley. 

COMMITTEE REPORTS CONTINUED 

SB 9 

legalizing special town meetings in Wilmont and Pittsfield; 
and the Seabrook School District meeting. Ought to pass with 
amendment. Rep. Benton for Municipal and County Govern- 
ment. 

An omnibus bill to legalize certain town, fire district and 
school district meetings for assorted minor irregularities. 
Also covers any town or school district meeting in which the 
warrant was posted on February 19 instead of on February 
18, 1974. 



House Journal, 27Mar74 327 

AMENDMENT 

Amend the title of the bill by striking out same and insert- 
ing in place thereof the following: 

AN ACT 

legalizing: certain special town meetings in Wilmot, 

Pittsfield, and Salem; 1974 annual town meetings in Rye, 

New Castle, Exeter, Salisbury and Brentwood; the 

Seabrook and Gilford school district meetings; the 

special Hampton Falls school district meeting; the 

Warner village fire district proceedings; the 

February 19, 1974 postings of March 5, 1974 town and 

school meetings; and a special town meeting and the 

1974 annual town meeting in Enfield. 

Amend the bill by striking out all after section 10 and in- 
serting in place thereof the following: 

1 1 Town of Brentwood. All acts, votes and proceedings of 
the annual town meeting of Brentwood held on March 5, 1974 
are hereby legalized, ratified and confirmed. 

12 Town of Salem. The vote of the town of Salem passed 
March 10, 1973 authorizing the borrowing of one million nine 
hundred thousand dollars for the expansion of the municipal 
sewerage system is hereby legalized, ratified, and confirmed in 
all respects, and the selectmen of the town are authorized to 
issue one million nine hundred thousand dollars in bonds or 
notes for such purposes under the Municipal Finance Act. 

13 Town of Enfield. All acts, votes and proceedings of the 
special town meeting held in the town of Enfield on January 
18, 1974 and all acts, votes and proceedings of the annual town 
meeting of the town of Enfield held on March 5, 1974 are here- 
by legalized, ratified and confirmed. 

14 Gilford School District. All acts, votes and proceedings 
of the annual district meeting of the Gilford school district 
held on March 19, 1974 are hereby legalized, ratified and con- 
firmed. 

15 Effective Date. This act shall take effect upon its passage. 
Amendment adopted. 

Ordered to third reading. 



328 House Journal, 27Mar74 

SENATE MESSAGE 

CONCURRENCE HB WITH SENATE 
AMENDMENT 

HB 31, authorizing the public utilities commission to ac- 
quire, as agent of the state, such railroad properties within the 
state deemed to be necessary for continued and future railroad 
operation for the benefit of the public, and making an appro- 
priation therefor. 

Rep. Chase moved that the House non-concur in the Senate 
amendment and that a Committee of Conference be established. 

Rep. Hoar explained the amendment. 

(discussion) 

Adopted. 

The Speaker appointed Reps. Zachos, Hoar, Bigelow, An- 
thony Stevens and Coutermarsh. 

COMMITTEE REPORTS CONTINUED 

SB 23 

relative to the membership of municipal planning boards 
and providing for the creation of cooperative regional planning 
commissions. Ought to pass with amendment. Rep. G. Win- 
throp Brown for Municipal and County Government. 

RSA 36:5: Amendment provides that town planning board 
members may serve on any other board or commission; 
however, no more than one planning board member shall 
serve on the same board or commission. Appointments 
shall be made by the selectmen, upon recommendation of 
the Planning Board. 

In cities, members of the planning board may also serve as 
a member of conservation and historic district commissions; 
however, no more than one planning board member shall 
serve on the same board or commission. Such appointments 
shall be made by the appointing authority. 

RSA 31:89 and 36-A:3, as pertains to historic district and 
conservation commissions, respectively, are also amended 
to reflect appointment of planning board members to these 
commissions. 



House Journal, 27Mar74 329 

Section II of SB 23, pertaining to "regional planning com- 
missions," is deleted from the bill; a resolution to refer 
section II, with proposed amendments, to interim study 
by the committee on Municipal and County Government 
will be introduced. 

Effective date of section I has been amended to "sixty days 
after passage" to allow municipalities time to effect changes 
in board and commission assignments. 

AMENDMENT 

Amend the title of the bill by striking out same and in- 
serting in place thereof the following: 

AN ACT 

relative to the membership of municipal planning boards, 

conservation commissions and historic district commissions. 

Amend the bill by striking out all after the enacting clause 
and inserting in place thereof the following: 

1 Planning Board Membership. Amend RSA 36:5 (supp) , 
as amended, by striking out said section and inserting in place 
thereof the following: 

36:5 Qualifications and Terms of Members. 

I. In the case of towns, appointed members of the plan- 
ning board may also serve on any other municipal board or 
commission provided that no more than one planning board 
member shall serve on the same board or commission. In the 
case of cities, appointed members shall not hold any other 
municipal office except that: 

(a) One of such appointed members may be a member of 
the zoning board of adjustment; 

(b) Either one appointed or one ex officio member may 
be a member of the conservation commission, if one exists in 
the city, in accord with RSA 36-A:3; 

(c) Either one appointed or one ex officio member may 
be a member of the historic district commission, if one exists 
in the city, in accord with RSA 31:89-d. 

II. The terms of ex officio members shall correspond to 
their respective official tenures, except in the case of cities that 



330 House Journal, 27Mar74 

the term of the administrative official selected by the mayor 
shall terminate with the term of the mayor selecting him. The 
term of each appointed member shall be six years in the case 
of nine-member planning boards, five years in the case of 
seven-member planning boards and four years in the case of 
five-member planning boards, except that the respective terms 
of five of the members first appointed to a nine-member or a 
seven-member planning board shall be one, two, three, four, 
and five years; and in the case of five-member planning boards 
that the respective terms of the four members first appointed 
shall be one, two, three, and four years. 

2 Conservation Commission Membership. Amend RSA 
36-A:3 (supp) as inserted by 1963, 168:1, as amended, by strik- 
ing out said section and inserting in place thereof the follow- 
ing: 

36-A:3 Composition of Commission. The commission shall 
consist of not less than three nor more than seven members. In 
a town which has a planning board, one member of the com- 
mission may be appointed from the planning board by the 
selectmen, upon recommendation of the planning board, for 
a one-year term. In a city which has a planning board, one 
member of the commission may be appointed from the plan- 
ning board by the mayor, upon recommendation of the plan- 
ning board, for a one-year term. In cities, the remaining mem- 
bers shall be appointed by the mayor subject to the provisions 
of the city charter, and in towns the remaining members shall 
be appointed by the selectmen. When a commission is first es- 
tablished, terms of the remaining members shall be for one, 
two or three years, and so arranged that the terms of approxi- 
mately one-third of the members will expire each year, and 
their successors shall be appointed for terms of three years 
each. Any member of a commission so appointed may, after 
a public hearing, if requested, be removed for cause by the 
appointing authority. A vacancy occurring otherwise than by 
expiration of a term shall be filled for the unexpired term in 
the same manner as an original appointment. 

3 Historic District Commission Membership. Amend RSA 
31:89-d, as inserted by 1963, 178:1, by striking out in line five 
the word "shall" and inserting in place thereof the following 
(may) so that said section as amended shall read as follows: 



House Journal, 27Mar74 331 

31:89-d Membership; Qualifications; Term; Vacancies. The 
membership of such commission shall consist of not less than 
five nor more than seven members. All members shall be resi- 
dents of the city or town, and one shall be a member of the 
board of selectmen or the chief executive officer thereof and 
one may be a member of the planning board. In determining 
the qualification of a member of said commission, the appoint- 
ing authority shall take into consideration his demonstrated 
interest and ability to understand, appreciate and promote 
the purpose of this subdivision. The members of said commis- 
sion shall be appointed for three-year terms except the initial 
appointments shall be staggered so that subsequent appoint- 
ments shall not recur at the same time. Members of said com- 
mission shall serve without compensation and shall serve no 
more than two successive terms. In the event of a vacancy on 
the commission, interim appointments may be made by the 
appointing authority to complete the unexpired term of such 
position. 

4 Effective Date. This act shall take effect sixty days after 
its passage. 

Amendment adopted. 

Ordered to third reading. 

Reps. Hammond, G. Winthrop Brown and King offered 
a resolution. 

HOUSE RESOLUTION 

Resolved by the House of Representatives, That section 
2 of Senate Bill 23 of the 1974 special session, as passed by the 
Senate on March 7, 1974, relative to consolidation of regional 
planning commissions be referred for interim study to the com- 
mittee on municipal and county government in accordance 
with RSA17-D; and 

Be It Further Resolved, That the committee submit its 
findings and recommendations, together with a draft of any 
proposed legislation, to the legislature on or before December 
1, 1974. 

The clerk read the resolution in full. 

Reps. Hammond and Hanson explained the resolution. 

(discussion) 



332 House Journal, 27Mar74 

Rep. Pryor spoke in favor of the resolution. 
Resolution adopted. 

SB 28 

to establish standards of care and treatment of alcoholics, 
intoxicated persons, and drug dependent people. Majority: 
Refer to an interim study committee; Rep. George E. Gordon 
for Public Health and Welfare. Minority: Ought to pass with 
amendment. (Reps. Sweeney, Mary J. Sullivan, Copenhaver and 
Daniell) 

Majority: Police Chiefs Association recommended num- 
erous amendments to the bill, none of which were proposed 
during executive session. Federal funding is purely specu- 
lative, because federal legislation is pending in Washing- 
ton. 

Minority: There has been a tremendous need for this kind 
of legislation for many years and we feel this should be 
enacted immediately. 

Rep. Sweeney moved that the report of the minority, ought 
to pass with amendment, be substituted for the majority report, 
refer to an interim study committee, and spoke in favor of his 
motion. 

(discussion) 

Rep. Sweeney subsequently withdrew his motion. 

Rep. Daniell moved that the words, ought to pass with 
amendment, be substituted for the majority report, refer to an 
interim study committee, and spoke in favor of his motion. 

The clerk read the amendment in full. 

Rep. Daniell explained his amendment. 

(discussion) 

Reps. Donalda K. Howard, Helen F. Wilson, Haller and 
George E. Gordon spoke against the motion. 

Point Of Order 
Rep. Harvell rose on a point of order. 



House Journal, 27Mar74 333 

Reps. Mary J. Sullivan and Griffin spoke in favor of the 
motion. 

Rep. William P. Boucher spoke against the motion. 

Motion lost. 

SB 28 referred to an interim study committee. 

COMMITTEE REPORTS CONTINUED 

SB 1 

providing for open and honest political campaigns in New 
Hampshire by requiring greater accountability and full dis- 
closure of campaign contributions and expenditures; and pro- 
tecting party loyalty by disqualifying defeated primary candi- 
dates from being nominated by petition under certain circum- 
stances. Ought to pass with amendment. Rep. Chase for Statu- 
tory Revision. 

Amends campaign financing laws. 

Rep. Chase explained the amendment. 

Rep. Sayer moved that the words, inexpedient to legislate, 
be substituted for the committee report, ought to pass with 
amendment, and spoke in favor of the motion. 

(discussion) 

Rep. Spirou spoke in favor of the committee amendment. 

Rep. Zachos spoke against the motion. 

Rep. Richard L. Bradley spoke in favor of the motion. 

Reps. Orcutt and Normand non-spoke in favor of the mo- 
tion. 

Rep. Albert C. Jones moved that SB 1 be referred to a joint 
committee for interim study. 

Rep. Jones explained his motion. 

Rep. Chase spoke in favor of the motion. 

Rep. Pryor moved the previous question. 

Sufficiently seconded. 

SB 1 referred to Interim Study Committee to report back 
to the 1975 session. 



334 House Journal, 27Mar74 

SUSPENSION OF RULES 

Rep. George B. Roberts, Jr. moved that the Rules of the 
House be so far suspended as to place the following Senate Bills 
and SJR on third reading and final passage by title only at the 
present time. 

Adopted by the necessary two-thirds. 

Third reading and final passage 

SJR 3, establishing a committee to study highway safety 
and motor vehicle weight, length and width requirements. 

SB 26, providing for retirement benefits for supreme and 
superior court justices. 

SB 9, legalizing: certain special town meetings in Wilmot, 
Pittsfield, and Salem; 1974 annual town meetings in Rye, New 
Castle, Exeter, Salisbury and Brentwood; the Seabrook and 
Gilford school district meetings; the special Hampton Falls 
school district meeting; the Warner village fire district proceed- 
ings; the February 19, 1974 postings of March 5, 1974 town and 
school meetings; and a special town meeting and the 1974 
annual town meeting in Enfield. 

SB 23, relative to the membership of municipal planning 
boards, conservation commissions and historic district com- 
missions. 

SENATE MESSAGE 

CONCURRENCE 

SB 7, relative to capital improvements to the Mount Wash- 
ington Summit and making an appropriation therefor. 

SB 26, providing for retirement benefits for supreme and 
superior court justices. 

SJR 3, establishing a committee to study highway safety 
and motor vehicles weight, length and width requirements. 

RECESS 

AFTER RECESS 

QUORUM COUNT 

273 members having answered, a quorum was declared 
present. 

ENROLLED BILLS AMENDMENT 
SB 31, authorizing the cities of Berlin and Keene to ac- 



House Journal, 27Mar74 335 

quire, develop and operate industrial parks within each such 
city and to aid the construction and expansion of industrial 
facilities within each city by the issue of revenue bonds. 

Amend section 19 of the bill by striking out line eleven 
and inserting in place thereof the following: 

services, and provided further that the board of taxation shall 
determine, 

The clerk read the amendment in full. 

Amendment adopted. 

ENROLLED BILLS REPORT 

HB 7, permitting municipalities to establish, acquire, main- 
tain and operate public transportation facilities in cooperation 
with governmental units of adjoining states; permitting 
broader cooperation in furnishing of municipal services; and 
permitting cities and towns to appropriate money for group 
homes. 

HB 17, increasing the mileage rate for all state employees 
using privately owned passenger vehicles and making an ap- 
propriation therefor. 

SB 4, relative to penalties and forfeitures for noncompli- 
ance with sewage and waste disposal rules and regulations of 
the water supply and pollution control commission. 

SB 8, relative to the distribution of testate property fol- 
lowing waiver of a will by surviving spouse and relative to the 
form of notice given for termination of parental rights. 

SB 12, to further protect the rights of mobile home owners 
by requiring that mobile home park owners and operators 
state the rules and regulations of the park in writing and pro- 
vide all tenants with copies of the rules and to encourage the 
construction of mobile home parks by not prohibiting the so- 
called "first sale" restriction in a new park. 

HB 13, repealing the termination date of RSA 357-B. 

HB 36, permitting the sale of milk in three quart con- 
tainers. 

HB 37, to provide for the repeal of the law tending to pro- 
hibit hitchhiking. 



336 House Journal, 27Mar74 

SB 22, establishing a study committee to develop a plan 
to provide public assistance to private institutions of higher 
learning in this state and relating to the Lafayette Regional 
School District and Bethlehem School District. 

SB 24, authorizing cities and towns to grant franchises for 
cable television systems. 

SB 3, changing the compensation of certain state law en- 
forcement employees and fees of witnesses. 

SB 11, establishing a state historic preservation office and 
making an appropriation therefor. 

SB 20, providing for regulation of franchise agreements 
for the sale of gasoline and requiring the posting of motor fuel 
prices. 

HB 21, relative to the duties of the state board of education 
and prohibiting the expenditure of public moneys in non-public 
schools unless said schools have program approval by the de- 
partment of education, supervisory union accounting of federal 
funds and establishing the office of chancellor of the university 
of New Hampshire system. 

Mabel L. Richardson 

For the Committee. 

CHANGE CONFERENCE COMMITTEE 
Rep. Burleigh in place of Rep. Hough on HB 4, 

SUSPENSION OF RULES 

Rep. Drake moved that the rules of the House be so far 
suspended as to permit the introduction of a committee report 
not previously advertised in the calendar on SB 15, transferring 
permanent state prison employees from group I of the New 
Hampshire Retirement System to group II or from the State 
Employees' Retirement System to group II and making an 
appropriation therefor. 

Adopted by the necessary two-thirds. 

COMMITTEE REPORTS 

SB 15 

transferring permanent state prison employees from group 



House Journal, 27Mar74 337 

I of the New Hampshire Retirement System to group H or 
from the State Employees' Retirement System to group II, and 
making an appropriation therefor. Inexpedient to legislate. 
Rep. Drake for Appropriations. 

Resolution adopted. 

RECONSIDERATION 

Rep. Roderick H. O'Connor moved reconsideration on 
SB 15, transferring permanent state prison employees from 
group I of the New Hampshire Retirement System to group II 
or from the State Employees' Retirement System to group II, 
and making an appropriation therefor. 

and a committee of conference be established. 

Rep. O'Connor explained his motion. 

Reps. Nelson, Spirou, Gorman, Zachos and Alice Davis 
spoke in favor of the motion. 

Rep. Fred E. Murray non-spoke in favor of the motion. 

Rep. Frizzell spoke against the motion. 

Reconsideration adopted. 

Rep. Nelson moved that SB 15 ought to pass with amend- 
ment. 

The clerk read the amendment in full. 

Rep. Nelson explained his amendment. 

Reps. Gorman, Coutermarsh, McLane, Spirou and Rod- 
erick H. O'Connor spoke in favor of the amendment. 

Rep. Scamman spoke against the amendment. 

Rep. Drake explained the original bill. 

Rep. Spirou moved that SB 15 be referred to the fiscal 
committee for further study. 

Adopted. 
SB 18 

providing additional cost of living increases for retired 
members of the N. H. Teachers' Retirement System, the N. H. 
Policemen's Retirement System, the N. H. Firemen's Retire- 
ment System, the N. H. Retirement System, and the State Em- 



338 House Journal, 27Mar74 

ployees Retirement System, and making an appropriation 
therefor; providing for compensatory contributions for inter- 
rupted service; and providing for an actuarial study of pre- 
funding to be paid out of escrowed funds derived from an in- 
terest assumption change. Ought to pass with amendment. 
Rep. Drake for Appropriations. 

Rep. McLane spoke against the amendment. 

Rep. Weeks explained the amendment. 

Reps. Roderick H. O'Connor, Drew, Cushman, Streeter, 
Cecelia L. Winn and Coutermarsh spoke against the amend- 
ment. 

Rep. Drake explained the committee report. 

(discussion) 

Reps. Gerry F. Parker and Scamman spoke in favor of the 
amendment. 

Reps. Harold E. Thomson, George E. Gordon, Joseph L. 
Cote, Brungot, Tibbetts, Dawson, Colby, King, Pray, Myrl R. 
Eaton, Chambers, Normand, Kincaid, Peabody, Nutting, Alt- 
man, Simard, Burke, Boisvert, Bowler, Harvey, Bouchard, Say- 
er, Meserve, Read, Gallen, Hildreth, Nelson, James A. Hum- 
phrey, Harvell, Nims, Scott, Timothy K. O'Connor, Charles B. 
Roberts, Palfrey, Wuelper, Sara M. Townsend, Sweeney, Tripp, 
Allen, John T. Winn, Spirou, Murphy, Barker, LaRoche, Ar- 
thur Gagnon, Fred E. Murray, Cobleigh, Lamy, Lessard, Van 
Loan, Barlett, Polak, Preston, Ladd, Ezra B. Mann, Rebecca A. 
Gagnon, Duhaime, Duprey, McGlynn, Shea, Margaret S. Cote, 
Paul McEachern, Tucker, Withington, Dudley, Plumer, Don- 
nelly, Burrows, Rousseau, Lewko, Webb and Hager, spoke 
against the amendment. 

Rep. Curran wished to be recorded as voting "yes" on SB 
1 8 as amended. 

A division was requested. 

33 members having voted in the affirmative and 257 in 
the negative, the committee amendment lost. 

Ordered to third reading. 



House Journal, 27Mar74 339 

RECONSIDERATION 

Roderick H, O'Connor moved reconsideration of SB 18. 
Reconsideration lost. 

RESOLUTION 

Rep. Zachos moved that SB 18 be read a third time by this 
resolution and that the title be the same as adopted, and that it 
be passed at the present time, unless otherwise ordered by the 
House. 

Adopted. 

Third reading and final passage 

SB 18, providing additional cost of living increases for re- 
tired members of the N. H. Teachers' Retirement System, the 
N. H. Policemen's Retirement System, the N. H. Firemen's Re- 
tirement System, the N. H. Retirement System, and the State 
Employees Retirement System, and making an appropriation 
therefor; providing for compensatory contributions for inter- 
rupted service; and providing for an acturial study of prefund- 
ing to be paid out of escrowed fimds derived from an interest 
assumption change. 

RECONSIDERATION 

Rep. George B. Gordon Jr. moved reconsideration on SB 1 . 

SB 1, providing for open and honest political campaigns 
in New Hampshire by requiring greater accountability and full 
disclosure of campaign contributions and expenditures; and pro- 
tecting party loyalty by disqualifying defeated primary candi- 
dates from being nominated by petition under certain circum- 
stances. 

Reps. Fred E. Murray, Chase and Gerry F. Parker spoke in 
favor of reconsideration. Nelson, Albert C. Jones and Sayer 
spoke against reconsideration. 

Reps. Streeter and Chandler moved the previous question. 

Sufficiently seconded. 

Adopted. 

A division was requested. 



340 House Journal, 27Mar74 

It being manifestly in the negative reconsideration lost. 

RECONSIDERATION 

Rep. George B. Roberts, Jr. moved that HB 30, relative 
to the civil commitment procedures in the probate courts and 
detention and discharge procedures for the mentally ill, be 
recalled from the Governor and that we reconsider our action 
in ordering HB 30 to third reading and final passage and place 
HB 30 on second reading at the present time. 

Reps. Daniel J. Healy and Chandler spoke in favor of the 
motion. 

Adopted. 

Rep. George B. Roberts, Jr. moved that the House non- 
concur with the Senate amendment. 

Adopted. 

Rep. George B. Roberts, Jr. moved that a committee of 
conference be established. 

Adopted. 

The Speaker appointed Reps. George B. Roberts, Jr., Mc- 
Manus, Nighswander, Bednar and Dudley. 

AFTER RECESS 
(Rep. George B, Roberts in the Chair) 

SENATE MESSAGES 

ACCEDES TO REQUESTS COMMITTEE 
OF CONFERENCE 

HB 31, authorizing the public utilities commission to ac- 
quire, as agent of the state, such railroad properties within the 
state deemed to be necessary for continued and future railroad 
operation for the benefit of the public, and making an appro- 
priation therefor. 

and the President has appointed: Sens. Trowbridge, Ferdi- 
nando and Claveau. 

HB 34, relative to energy facility evaluation, siting, con- 
struction and operations and providing for a tax on refined 
petroleum products. 



House Journal, 27Mar74 341 

and the President has appointed Sens. Porter, Preston and Brad- 
ley. 

HB 24, permitting the use of changeable effective date des- 
ignations, such as decals, on all motor vehicles and boat registra- 
tion plates; authorizing the governor and council to establish 
temporary speed laws; exempting certain functions relative to 
motor vehicles and highways from the provisions of the admin- 
istrative procedures act; and exempting the department of fish 
and game from procedural requirements of their rule making 
under Title XVIII, until June 30, 1975. 

and the President has appointed Sens. Roger Smith, Claveau, 
and Porter. 



NONCONCURRENCE HOUSE AMENDMENT 
REQUESTS COMMITTEE OF CONFERENCE 

SB 23, an act relative to the membership of municipal 
planning boards and providing for the creation of cooperative 
regional planning commissions. 

The President appointed Sens. Johnson, Jacobson and 
Blaisdell. 

Rep. Hanson moved that the House accede to the request 
for a committee of conference. 

Adopted. 

The Speaker appointed Reps. G. Winthrop Brown, Ezra 
B. Mann, Hanson, Burke and Timothy J. O'Connor. 



SB 9, legalizing special town meetings in Wilmot and Pitts- 
field and the Seabrook School District Meeting. 

The President appointed Sens. Johnson, Brown and Blais- 
dell. 

Rep. Ezra B. Mann moved that the House accede to the 
request for a committee of conference. 

Adopted. 



342 HousF louRNAL, 27Mar74 

The Speaker appointed Reps. Benton, Hammond, Sununu, 
Ethier and Bednar. 



SB 10, an act establishing a sire stakes program and a stan- 
dardbred breeders and owners development agency. 

The President appointed Sens. Green, Brown and Blais- 
dell. 

Rep. Drake moved that the House accede to the request 
for a committee of conference. 

Adopted. 

The Speaker appointed Reps. Drake, Tirrell, Read, Mc- 
Ginness and Plourde. 

QUORUM COUNT 

Rep. Bednar requested a quorum count and subsequently 
withdrew his request. 

SUSPENSION OF RULES 

Rep. Drake moved that the rules of the House be so far 
suspended as to permit the introduction of a committee report 
not previously advertised in the calendar on SB 17, relative to 
the New Hampshire Port Authority, the construction of fishing 
facilities at Portsmouth, Hampton and Rye Harbors, and the 
location of marine science docking and related facilities for 
the university of New Hampshire and making an appropriation 
therefor. 

Adopted by the necessary two-thirds. 

COMMITTEE REPORT 

SB 17 

relative to the New Hampshire Port Authority, the con- 
struction of fishing facilities at Portsmouth, Hampton and Rye 
Harbors, and the location of marine science docking and re- 
lated facilities for the university of New Hampshire and mak- 
ing an appropriation therefor. Ought to pass with amendment. 

AMENDMENT 

Amend the bill by striking out section 1 and inserting in 
place thereof the following: 



House Journal, 27Mar74 343 

1 Completion of Joint Study to Determine Feasibility and 
Cost of Project. The completion of a study commissioned 
jointly by the department of resources and economic develop- 
ment, the city of Portsmouth and tlie Southeastern Regional 
Planning Commission at their expense shall be obtained to 
determine the desirability of any expenditure for the extension 
of the Port Authority facilities. Such a study shall include but 
not be limited to consideration of warehousing, cold storage 
facilities and the nature of ownership and shall be the basis of 
a report to be submitted to the fiscal committee of the general 
court, the public works committees of the senate and house, 
and the governor and council not later than December 1, 1974. 
Further action shall be the responsibility of the incoming 
legislature. 

Further amend the bill by striking out sections 3 and 4 
and inserting in place thereof the following: 

3 Appropriation for Fishing Pier in Portsmouth. The sum 
of three hundred eight five thousand dollars is hereby appro- 
priated to the department of resources and economic develof> 
ment for capital improvements to be expended as follows: 

I. Commercial fishing pier and docking facility in the city 
of Portsmouth on land to be made available by the city of 
Portsmouth at a cost of not more than one thousand dollars 
per year on a long term basis. 

The department of resources and economic development 
shall be empowered to charge reasonable user fees. Fishing ves- 
sels shall at all times have priority use of this facility. 

II. In the event the city of Portsmouth within a period of 
120 days is unable to certify its ability to provide suitable land 
area for the construction of a fishing pier and support facilities, 
as described herein, the sum of two hundred thousand dollars is 
hereby appropriated to the department of resources and eco- 
nomic development, subject to governor and council approval, 
for the acquisition of a suitable site. The powers of eminent 
domain shall not apply to the expenditure of this appropriation. 

4 Appropriation for Pier in Hampton. The sum of three 
hundred fifty thousand dollars is hereby appropriated to the 
department of resources and economic development for the 
construction of a fishing pier and recreational boating facilities 



344 House Journal, 27Mar74 

in Hampton harbor. The department shall be entitled to charge 
reasonable user fees. Any funds remaining on completion of this 
project may be used on like facilities in Rye harbor. 

Further amend the bill by striking out section 6 and in- 
serting in place thereof the following: 

6 Bonds Authorized. To provide funds for the appropria- 
tions made in sections 3, 4, and 5 of this act, the state treasurer 
is hereby authorized to borrow upon the credit of the state not 
exceeding the sum of nine hundred eighty-five thousand dollars 
and for said purpose may issue bonds and notes in the name 
and on behalf of the state of New Hampshire in accordance 
with the provisions of RSA 6-A. 

Further amend the bill by striking out section 8 and in- 
serting in place thereof the following: 

8 Prohibition of Certain Activities by the Authority. 
Amend RSA 271 -A by inserting after section 15 the following 
new section: 

271-A:16 Prohibition of Certain Activities. Notwithstand- 
ing any other provisions of this chapter, the N. H. Port Au- 
thority shall not before July 1, 1975 exercise its authority to 
construct, own, lease, operate or take any other action with re- 
spect to any pipe-line, pumping station, on-shore or off-shore 
loading facility, refinery, bulk storage or transmission facility 
or processing plant connected directly or indirectly with the 
processing of oil or liquefied natural gas or liquefied petroleum 
gases without first obtaining the approval of the fiscal commit- 
tee of the general court and the governor and council. 

Rep. Raymond explained the amendment. 

(discussion) 

Reps. Parr and Cunningham spoke in favor of the amend- 
ment. 

Amendment adopted. 

Ordered to third reading. 

RESOLUTION 

Rep. Raymond moved that SB 17, be read a third time by 
this resolution and that the title be the same as adopted, and 



House Journal, 27Mar74 345 

that it be passed at the present time, unless otherwise ordered 
by the House. 

SB 17, relative to the New Hampshire Port Authority, the 
construction of fishing facilities at Portsmouth, Hampton and 
Rye Harbors, and the location of marine science docking and 
related facilities for the university of New Hampshire and mak- 
ing an appropriation therefor. 

SUSPENSION OF RULES 

Rep. Drake moved that the rules of the House be so far 
suspended as to permit the introduction of a committee report 
not previously advertised in the calendar on SB 2, to provide 
fairer real estate taxes for the elderly through a partial exemp- 
tion from real estate taxes for persons sixty-five years of age or 
older, under certain circumstances, and compensating cities and 
towns for consequent loss of tax base and making an appropria- 
tion therefor, and making certain revisions in the homeowners' 
exemption law, and to permit the bill to be taken up at the 
present time. 

Adopted by the necessary two-thirds. 

(Speaker in the Chair) 

COMMITTEE REPORT 

SB 2, to provide fairer real estate taxes for the elderly 
through a partial exemption from real estate taxes for persons 
sixty-five years of age or older, under certain circumstances, 
and compensating cities and towns for consequent loss of tax 
base and making an appropriation therefor, and making cer- 
tain revisions in the homeowners' exemption law. Ought to 
pass with amendment. Rep. Drake for Appropriations. 

AMENDMENT 

Amend the bill by striking out section 8 and inserting in 
place thereof the following: 

8 Appropriation. There is hereby appropriated the sum of 
five hundred thousand dollars for the fiscal year ending June 
SO, 1975, to be disbursed to the cities and towns pursuant to 



346 House Journal, 27Mar74 

RSA 72:42-a. Said appropriation shall not be transferred or 
expended for any other purpose. The governor is authorized 
to draw his warrant of said sum out of any money in the treas- 
ury- not othenvise appropriated. 

The clerk read the amendment in full. 

Reps. Read, Hall and Nelson spoke against the amend- 
ment. 

Rep. Drake explained the amendment. 

Reps. Stevenson, Raymond and Paul McEachern spoke in 
favor of the amendment. 

Rep. Raymond yielded to Rep. Drake to answer questions 

(discussion) 

Reps. Splaine and Sayer spoke against the amendment. 

(Rep. Harvell in the Chair) 

Rep. James E. O'Neil spoke in favor of the amendment. 

(discussion) 

(Speaker in the Chair) 

Rep. George I. Wiggins spoke in favor of the amendment. 

Rep. Curran wished to be recorded as voting "yes" on SB 2 
as amended. 

Reps. Withington, Belair, Ellis and Boisvert moved the 
previous question. 

Sufficiently seconded. 

Adopted. 

Amendment adopted. 

Rep. Splaine moved that SB 2 be committed to interim 
study by Ways and Means committee to report to the next 
regular session. 

Motion lost. 

Rep. Daniell moved that SB 2 be indefinitely postponed 
and spoke in favor of the motion. 

(discussion) 



House Journal, 27Mar74 347 

Rep. Belair spoke against the motion. 

Rep. Tucker moved the previous question. 

Sufficiently seconded. 

Adopted. 

Motion to indefinitely postpone lost. 

SB 2 ordered to third reading. 

Third reading and final passage. 

SB 2, to provide fairer real estate taxes for the elderly 
through a partial exemption from real estate taxes for persons 
sixty-five years of age or older, under certain circumstances, 
and compensating cities and towns for consequent loss of tax 
base and making an appropriation therefor, and making cer- 
tain revisions in the homeowners' exemption law. 

ENROLLED BILLS REPORT 

SB 7, relative to capital improvements to the Mount Wash- 
ing summit and making an appropriation therefor. 

SB 26, providing for retirement benefits for supreme and 
superior court justices. 

SB 31, authorizing the cities of Berlin and Keene to ac- 
quire, develop and operate industrial parks within each such 
city and to aid the construction and expansion of industrial 
facilities within each such city by the issue of revenue bonds. 

SJR 3, establishing a committee to study highway safety 
and motor vehicle weight, length and width requirements. 

SENATE MESSAGE 

NONCONCURRENCE 
REQUESTS COMMITTEE OF CONFERENCE 

SB 2, to provide fairer real estate taxes for the elderly 
through a partial exemption from real estate taxes for persons 
sixty-five years of age or older, under certain circumstances, 
and compensating cities and towns for consequent loss of tax 
base and making an appropriation therefor, and making certain 
revisions in the homeowners' exemption law. (Sens. Downing, 



348 House Journal, 28Mar74 

Green and Spanos; Reps. Sayer, Ferguson, Hall, Belair and 
Belcourt) 

The President appointed Sens. Downing, Green and 
Spanos. 

Rep. Sayer moved that the House accede to request for 
committee of conference. 

Adopted. 

The Speaker appointed Reps. Sayer, Ferguson, Hall, Belair 
and Belcourt. 

BILLS PRESENTED TO THE 
GOVERNOR 

March 27, 1974 

HB 3, relative to establishment of a food stamp program 
and making an appropriation therefor. 

HB 27, relative to amending certain provisions of the Off 
Highway Recreational Vehicle Law, RSA 269-C. 

HB 32, relative to the commission and taxes on pari-mutuel 
pools at dog tracks. 

On motion of Rep. Roma A. Spaulding the House ad- 
journed at 5:29 p.m. 



Thursday, 28Mar74 

The House met at 1 1 :00 o'clock. 

Prayer was offered by House Chaplain Rev. Joseph Y. 
Beaulieu. 

O Gord, our Father, we place before You the needs of our 
world and the needs of our hearts. Bless us in our doubt and 
in our faith and may our work be for Your greater glory. Amen. 

PLEDGE OF ALLEGIANCE 

Rep. Carter led the Pledge of Allegiance. 



House Journal, 28Mar74 349 

SENATE MESSAGES 

NONCONCURRENCE 
REQUESTS FOR COMMITTEE OF CONFERENCE 

SB 17, relative to the New Hampshire Port Authority, 
the construction of fishing facilities at Portsmouth, Hampton 
and Rye Harbors, and the location of marine science docking 
and related facilities for the university of New Hampshire and 
making an appropriation therefor. 

The President appointed Sens. Foley, Preston and Trow- 
bridge. 

Rep. Arthur F. Mann moved that the House accede to the 
request for committee of conference. 

Adopted. 

The Speaker appointed Reps. Raymond, John B. Goflf, 
Ellis, Harry C. Parker and Maynard. 

BILLS PRESENTED TO THE GOVERNOR 

March 28, 1974 

HB 7, permitting municipalities to establish, acquire, 
maintain and operate public transportation facilities in co- 
operation with governmental units of adjoining states; per- 
mitting broader cooperation in furnishing of municipal ser- 
vices; and permitting cities and towns to appropriate money for 
group homes. 

HB 13, repealing the termination date of RSA 357-B. 

HB 17, increasing the mileage rate for all state employees 
using privately owned passsenger vehicles and making an ap- 
propriation therefor. 

HB 21, relative to the duties of the state board of educa- 
tion and prohibiting the expenditure of public moneys in non- 
public schools unless said schools have program approval by 
the department of education, supervisory union accounting of 
federal funds and establishing the office of chancellor of the 
university of New Hampshire system. 

HB 36, permitting the sale of milk in three quart con- 
tainers. 



350 House Journal, 28Mar74 

HB 37, to provide for the repeal of the law tending to 
prohibit hitchhiking. 

SB 3, changing the compensation of certain state law en- 
forcement employees and fees of witnesses. 

SB 4, relative to penalties and forfeitures for noncompli- 
ance with sewage and waste disposal rules and regulations of 
the water supply and pollution control commission. 

SB 8, relative to the distribution of testate property follow- 
ing waiver of a will by surviving spouse and relative to the 
form of notice given for termination of parental rights. 

SB 11, establishing a state historic preservation office and 
making an appropriation therefor. 

SB 12, to further protect the rights of mobile home owners 
by requiring that mobile home park owners and operators state 
the rules and regulations of the park in writing and provide all 
tenants with copies of the rules and to encourage the construc- 
tion of mobile home parks by not prohibiting the so-called 
"first sale" restriction in a new park. 

SB 20, providing for regulation of franchise agreements 
for the sale of gasoline and requiring the posting of motor fuel 
prices. 

SB 22, establishing a study committee to develop a plan to 
provide public assistance to private institutions of higher learn- 
ing in this state and relating to the Lafayette Regional School 
District and Bethlehem School District. 

SB 24, authorizing cities and towns to grant franchises for 
cable television systems. 

BILLS SIGNED BY THE GOVERNOR 
March 28, 1974 

HB 12, conforming tax commission references in the cur- 
rent use taxation laws to the revised revenue administration 
laws. 

HB 15, relative to redistricting the ward lines of the city 
of Laconia. 

HB 16, permitting public accountants and registered pro- 
fessional nurses to form professional associations. 



House Journal, 2Apr74 35 1 

HB 25, changing the reporting date for the study commis- 
sion on the problems of unemployed citizens in New Hamp- 
shire. 

SB 19, specifying procedures for termination of residential 
gas or electric services. 

On motion of Rep. Ainley the House adjourned at 11:01 
a.m. to meet Tuesday next at 1 1 o'clock. 



Tuesday, 2Apr74 



The House met at 1 1:00 o'clock. 



Prayer was offered by House Chaplain Rev. Joseph Y. 
Beaulieu. 

O Lord, Our God, breathe Your spirit upon us in all 
the choices that we face so that all we do or leave undone may 
be done to Your greater glory. Through Christ our Lord, 

Amen. 

PLEDGE OF ALLEGIANCE 
Rep. Plourde led the Pledge of Allegiance. 

LEAVES OF ABSENCE 

Reps. G. Winthrop Brown, Gary, Mabel L, Richardson 
and Mary R. Roy, the day, illness. 

Reps. Ruth L. Griffin, Gemmill, Cunningham and Pray, 
the day important business. 

COMMITTEE OF CONFERENCE 
CONFEREE CHANGES 

HB 1, Rep. John W. Richardson replaced by Rep. John E. 
Goff. 

SB 23, Rep. G. Winthrop Brown replaced by Rep. Olden. 

HB 31, Rep. Coutermarsh replaced by Rep. Daniell. 



352 House Journal, 2Apr74 

COMMUNICATIONS 

To the Honorable Members 
of the House of Representatives 

House Bill 27, sponsored by Representative Donald Gor- 
man of Derry, is one of the best bills to come before the special 
session. 

The Off-Highway Recreational Vehicle Law, enacted last 
year, took away a basic right to bear firearms by persons riding 
in off-highway vehicles. 

This act restores the right to carry firearms so long as they 
are unloaded. The restriction on unloaded firearms does not 
apply to law enforcement officers carrying arms in the course 
of duty, nor does it apply to pistols carried under a permit. 

I am very pleased to be able to sign this bill into law. 

Meldrim Thomson, Jr. 

To the Honorable Members of 
the New Hampshire General Court 

I shall let House Bill No. 3, an act relative to the estab- 
lishment of a food stamp program for New Hampshire, become 
law without my signature. 

The need to consider food stamp legislation was one of 
the major reasons why I called the Legislature into special ses- 
sion on March 19. 

The Federal government will discontinue the surplus food 
program on July 1 of this year. Under that program, we pro- 
vided surplus food for approximately 22,000 people in New 
Hampshire. Most of the food is supplied at Federal cost; how- 
ever, the operational cost of the New Hampshire Distribution 
Corporation is approximately $220,000 a year, 

I urged the Legislature to consider a Granite State voucher 
food program that would cost the taxpayers approximately 
$2i^ million. It would have provided vouchers for deserving 
recipients with which they could have purchased food in their 
local stores without the severe restrictions placed on Federal 
food stamps. 

This New Hampshire program would have had the 
unique value of being operated through the county commis- 



House Journal, 2Apr74 353 

sioners and town selectmen in the same manner that the sur- 
plus food program is administered. This would have main- 
tained control at the local level. 

House Bill No. 3, at a cost of |13^ million for the balance 
of fiscal 1974 and all of fiscal 1975, will be administered by 
the Welfare Department. It will also add 98 additional persons 
to the State payroll. 

Food stamp programs throughout the United States have 
developed many serious problems. For example, they are so 
difficult to administer that more than half of the people in the 
nation who are entitled to food stamps never bother to qualify 
for them. The stamps are frequently misused by recipients 
trading them off in order to obtain cash or by college students 
using them to finance their way through school. We are ad- 
vised that, as an example, one-third to one-half of all food 
stamp recipients in Ingham County, Michigan, are students at 
Michigan State University. 

It was because of the possibility of abuses in the program 
by which the taxpayers and the honest, deserving recipients 
both suffer that we recommended House Bill No. 3 be 
amended so that overall control of the program would rest Avith 
Governor and Council. This amendment the Legislature re- 
jected. 

It is obvious that we cannot leave the deserving recipient 
without some food assistance after July 1, and for this reason 
I am permitting House Bill No. 3 to become law without my 
signature. 

I plan, however, to delegate a member of my staff to keep 
in close touch with this program as administered by the Wel- 
fare Department and to develop an in-depth report for the 
Legislature for January, 1975. Thus, if abuses develop, they can 
be corrected. Moreover, the people will have the benefit of a 
full review of the program following the first six months of 
its operation. 

Meldrim Thomson, Jr. 

To the Honorable Members of the 
New Hampshire General Court 

I am signing House Bill 32 which increases the take of the 
State and the dog track from 17 to 18 per cent on money bet at 
dog races. 



354 House Journal, 2Apr74 

This bill ^vould add about $500,000 to the amount avail- 
able for a division bet^veen State and Track, based upon the 
number of days of racing at Hinsdale and Seabrook and the 
average daily betting at each track over the period of the past 
year. 

Actually, the State stands to gain if the bet each racing day 
does not exceed $150,000. But thereafter the rate for the State 
per night would decrease slightly and that of the Track would 
increase. See table set forth below. 

NEW HAMPSHIRE'S SHARE TO DECREASE 



Amount bet each 












racing day 


$100,000 


$150,000 


$200,000 


$250,000 


$300,000 


Current share 












(RSA 284:23, Ila) 


32.3% 


32.3% 


37.5% 


40.5% 


43.8% 


Proposed share 












(HB 32) 


33.4% 


35.1% 


36.1% 


38.8% 


40.7% 



It has been estimated that if the Seabrook Track did as 
well or better next year as it has done this year its precentage 
of take would increase by almost $400,000 ^vhile that of the 
State would only increase an additional $100,000. 

I believe that this increase in revenue for the Seabrook 
Track would be justified if they will proceed Avith the planned 
expansion from a present capacity of 2,500 patrons a night to 
4,000. 

On Saturday, March 30 the Board of Directors of Yankee 
Greyhound Racing, Inc. adopted the following resolution which 
indicates that within 30 days of the signing of House Bill 32 
they will proceed with an expansion program estimated to cost 
approximately $1 million. It was to encourage this expansion 
which will result in greater revenue to the State in the long run 
that I signed the bill. The resolution is as follows: 

"TO AUTHORIZE THE CORPORATION TO PRO- 
CEED FORTHWITH WITH THE PLANNED EX- 
PANSION OF THE CORPORATION'S GREYHOUND 
RACING FACILITY AT SEABROOK, NEW HAMP- 
SHIRE, TO BRING ABOUT THE COMPLETION OF 
THE PLANS AS RAPIDLY AS POSSIBLE, AND TO 
ENTER INTO A CONSTRUCTION CONTRACT 
FOR THE COMMENCEMENT OF CONSTRUCTION 



House Journal, 2Apr74 355 

WITHIN THIRTY (30) DAYS FROM THE DATE 
THAT HOUSE BILL 32 BECOMES LAW." 

However I do believe that the Legislature should review 
the percentage of the take between Track and State at its next 
regular session. 

The importance of such a review in order to provide a 
larger percentage of take for the State of New Hampshire is 
illustrated by the table set forth below which indicates how 
much higher the State of Massachusetts take is compared to that 
of New Hampshire. 
Amount bet each 



racing day 


$100,000 


$150,000 


$200,000 


$250,000 


$300,000 


N. H. Current 












share 


32.3% 


32.3% 


37.5% 


40.5% 


43.8% 


Mass. Current 












share 


36.1% 


36.1% 


40.9% 


43.8% 


46.9% 



Meldrim Thomson, Jr. 
The clerk read the communications in full. 
SENATE MESSAGES 

ADOPTION COMMMITTEE OF 
CONFERENCE REPORT 

HB 29, relative to tuition payments for handicapped chil- 
dren; amending the appropriation for same; defining a handi- 
capped child as a person up to the age of twenty-one; and 
providing for educational and other expenses in public institu- 
tions. 

NONCONCURRENCE 
REOUEST COMMITTEE OF CONFERENCE 

SB 27, to better protect the safety of New Hampshire citi- 
zens and law enforcement officers by changing penalties for 
homicide in certain circumstances. 

The President appointed Sens. Porter, Poulsen and Down- 
ing on the part of the Senate. 

Rep. Frizzell moved that the House accede to request for 
committee of conference. 

Adopted. 



356 House Journal, 2Apr74 

The Speaker appointed Reps. Currier, Twigg, Record, 
Alukonis and Hildreth. 



COMMITTEE OF CONFERENCE 
REPORT HB 29 

The committee of conference to which was referred House 
Bill 29, An Act relative to tuition payments for handicapped 
children; amending the appropriation for same; defining a 
handicapped child as a person up to the age of twenty-one; and 
providing for educational and other expenses in public institu- 
tions, having considered the same, report the same with the 
following recommendations: 

That the House recede from its position of non-concur- 
rence in the Senate amendment, and 

That the House concur in the adoption of the Senate 
amendment, and 

That the House and Senate each pass the bill as amended 
by the Senate. 

Sen. Green 

Sen. S. Smith 

Sen. Downing 

Conferees on the Part of the Senate 

Rep. French 

Rep. Raymond 

Rep. Rock 

Rep. Chambers 

Rep. Cotton 

Conferees on the Part of the House 

At the request of Reps. Lawton and Nighswander, Rep. 
French answered questions. 

Committee of Conference report adopted. 



The committee of conference to which was referred House 
Bill 4, 'An Act providing supplemental grants to families with 
dependent children and making an appropriation therefor and 



House Journal, 2Apr74 357 

authorizing flat grant payments for categorical assistance', hav- 
ing considered the same, report the same with the following 
recommendation : 

That the Senate recede from its position in adopting its 
amendment to the bill, and 

That the Senate and the House each adopt the following 
new amendment to the bill and pass the bill as so amended: 

Amend the bill by striking out all after section 1 and in- 
serting in place thereof the following: 

2 Authorizing Consolidated Standards, Except Shelter 
Standards, for Aid to Families with Dependent Children. 
Amend RSA 167:7, as amended, by striking out said section an^ 
inserting in place thereof the following: 

167:7 Amount of Assistance. The director of the division of 
welfare, department of health and welfare, may establish con- 
solidated standards of assistance, except for shelter, for recip- 
ients of aid to families with dependent children and shall deter- 
mine the amount of assistance to be granted under this chapter 
or RSA 161. In regard to the amount of assistance for shelter 
for recipients of aid to families with dependent children, due 
regard shall be given to the necessary expenditures in each 
case and the conditions in each case for the cost of shelter, mov- 
ing to, equipping, and maintaining shelter. The director shall, 
however, have discretion to establish maximum levels of pay- 
ment for the cost of shelter, moving to, equipping, and main- 
taining shelter, or to pay a percentage of the actual amount of 
such costs. In the determination of assistance under this chapter 
or RSA 161, due regard shall be given to the income and re- 
sources of recipients to the end that, subject to legislative appro- 
priations, recipients be enabled to subsist compatibly with 
deceny and health. The director of the division of welfare shall 
give notice to and in appropriate cases consult with the proper 
officials of counties, cities or towns hereby required to con- 
tribute to the cost thereof. 

3 Effective Date. This act shall take effect upon its passage. 

Sen. Bradley 

Sen. McLaughlin 

Sen. R. Smith 

Conferees on the Part of the Senate 



358 House Journal, 2Apr74 

Rep. McLane 

Rep. Ferguson 

Rep. John B. Goff 

Rep. Burleigh 

Rep. Cote 

Conferees on the Part of the House 

At the request of Rep. Chandler, Rep. McLane answered 
questions. 

(discussion) 

Reps. Brungot, Joseph L. Eaton and Spirou spoke in fa- 
vor of the committee of conference report. 

Rep. Lawton spoke against the committee of conference 
report. 

Committee of Conference report adopted. 



The committee of conference to which was referred House 
Bill No. 2, 'An Act making appropriations for capital improve- 
ments.', having considered the sam.e report the same with the 
following recommendation: 

That the House recede from its position in nonconcurring 
Tvith the Senate amendment, and 

That the Senate recede from its position in adopting its 
amendment to the bill, and 

That the House and Senate each adopt the following new 
amendment to the bill and pass the bill as so amended: 

Amend the bill by striking out all after the enacting clause 
and inserting in place thereof the following: 

1 Appropriation. The sums hereinafter detailed in this sec- 
tion are hereby appropriated for the projects specified to the 
departments, agencies and branches named: 

I. Adjutant General 
Concrete floor — Manchester 

Armory $50,000 

II. Administration and Control 
(a) Restore and refurbish legis- 
lative chambers and 3rd 

floor of state house $160,000* 



House Journal, 2Apr74 359 

(b) Refurbish exterior of state 

house 80,000 

(c) Renovate first floor toilets 30,000 

(d) Clean and point exterior- 
state library 50,000 

(e) Renovations to Purchase and 

Property Warehouse 68,000 



Total Paragraph II 388,000 

•The projects for which this appropriation is made shall, notwithstanding 
any statutes to the contrary, be under the complete and sole control of the 
Speaker of the House and President of the Senate jointly, and in the ex- 
penditure of said funds the provisions of RSA 8 and RSA 228 shall not 
apply. 

III. Aeronautics Commission 

(a) Nashua — Land for ILS $240,000* 

Less Federal 180,000 



Net Appropriation $60,000 

*Land to be acquired by the city of Nashua under RSA 423 and to be re- 
imbursed from these funds. 

(c) Lebanon — Taxiway $112,000 

Less Federal 84,000 



Net Appropriation 28,000 



Total Paragraph III 88,000 

IV. Education — New Hampshire 
Vocational-Technical Colleges 
(a) Nashua 

Automotive building: 



Engineering 


$45,300 


Construction 


697,500 


Furnishings 


106,400 


Contingencies 


30,000 


Total Subparagraph (a) 




(b) Claremont 




Allied health science building: 




Site 


$35,000 


Engineering 


75,000 


Construction 


1,100,000 


UtiHties 


12,000 


Furnishings 


175,000 


Contingencies 


57,000 



$879,200* 



Total Subparagraph (b) 1,454,000* 



360 House Journal, 2Apr74 

(c) Laconia 

New equipment — graphic 
arts presses and related 



items 




78,000 


(d) Berlin 

Automotive shop addition 
Baking kitchen and cafeteria 


$143,000 




expansion: 

Engineering, working draw- 
ings and construction 


157,000 




otal Subparagraph (d) 




300,000* 


(e) Manchester 
Library extension 




225,000 



Total Paragraph IV 2,936,200 

*It is the declared legislative intent that this shall be the total cost of 
completing this project at this facility. No funds hereby appropriated shall 
be expended for any other purpose except engineering costs, working draw- 
ings and plans until such drawings and plans have been approved by the 
governor and council. 

V. Health & Welfare 

(a) Office building — phase II — 
Design, engineering, and work- 
ing drawings to be ready for 

1975 Legislative Session $655,000 

(b) N. H. Home for the Elderly 

(Glencliff) — Laundry 83,600 

(c) N. H. Hospital 

(1) Reline fuel oil tanks $18,000 

(2) Equipment for main 

building kitchen 25,000 

(3) Plumbing, renovation, 
etc. in south side 

main building 69,000 

(4) Plumbing, renovation, 
etc. in north side 

main building 86,000 

(5) Dolloff building — reno- 
vate to life safety code, 

etc. 80,500 

(6) Reconstruction and reno- 
vation of Tobey, Thayer, 
Brown, and Walker buildings — 

A. Design and engineer- 
ing all four buildings 300,000 



House Journal, 2Apr74 361 



B. Reconstruction and 
renovation of Tobey 
building complete: 



Construction 


823,400 


Contingencies 
Equipment 


100,000 
40,000 


Total Subparagraph (c) 




(d) Laconia State School and 




Training Center 

(1) Laundry equipment 


$55,000 


(2) Dairy barn conversion 




(own forces) 
(3) Renovate electrical 


30,000 


entrance and outside 




wiring phase I 


132,000 



1,541,900 



Total Subparagraph (d) 217,000* 

•Authority is hereby granted to sell, dispose or remove, at no cost, the silo 
at the Laconia State School and Training Center. Any revenue derived 
from its sale or removal shall be deposited in the general funds of the 
state. 
Total Paragraph V 2,497,500 

VI. New Hampshire Youth Development 
Center — acquisition of one 
youth residential center located 
off the present property but with- 
in the Manchester area. $125,000* 
Spaulding Cottage renovation 55,000 



*This appropriation shall be reduced by any available federal funds. 
Total Paragraph VI 180,000 

VII. Liquor Commission 

Addition to Portsmouth store No. 38 345,000 

VIII. Department of Resources and 
Economic Development 

(a) Removal and/or relocation and/ 
or reconstruction of miscellan- 
eous department buildings in- 
cluding the following: 

State Forest Nursery — 

Gerrish; Laconia State School 

— Laconia; Odiorne Point 

State Park — Rye; Ragged Neck 

Sate Park — Rye; Coleman 

State Park — Stewartstown $75,000 

Less federal funds 10,000 



Net state appropriation 

Subparagraph (a) $65,000 



362 House Journal, 2Apr74 

(b) Division of Resources 

Land acquisitions $75,000 

Less federal funds 37,500 



Net $37,500 

Administrative costs 

necessary to acquire land 5,000 



Net state appropriation 

Subparagraph (b) $42,500 

(c) Division of Parks 

(1) Land Acquisition — 
Recreation trails, ease- 
ments, rights-of-way $20,000 
Title work, surveys, pro- 
rata taxes (No Federal 

Match) 5,000 

(2) Engineering and construction 

A. Bear Brook — new water 

supply 49,000 

B. Franconia — phase II show- 
making, novice slope 

development 95,000 

C. Greenfield — construct 
shower building and ex- 
pand parking and picnic 

area 56,000 

D. Odiorne Point — - planning 
and design, and site im- 
provement 15,000 

E. Pawtuckaway — sewage dump- 
ing station, new toilet 

building 40,000 

F. Fort Constitution — re- 
construction, and renova- 
tion 25,000 

G. Robert Frost Homestead — 
renovation, reconstruction 
and apartment facility for 
caretaker 

Living quarters 15,000 

Architect Fees (not to ex- 
ceed this amount) 5,000 
Basic structural renova- 
tion 10,000 



Total Subparagraph (c) $335,000 

Less federal funds 137,500 



Net state appropriation 

Subparagraph (c) 197,500 



House Journal, 2Apr74 363 

(d) Capital Construction Projects 
— 5 year Bonds 
Franconia Notch state park — 
installation of new tramway 
cables; then repair electri- 
cal and mechanical drive $180,000 



Total Paragraph VIII 485,000 

IX. Department of Safety 

(a) Office building 

(1) Preliminary site evaluation $10,000* 

(2) Engineering and working 

drawings 240,000** 

(b) Safety services 

Rebuild Winnipesaukee boat 

house and dock facility 35,000 

(c) State police 
Renovate radio station 

and building 8,000 



Total Paragraph IX 293,000 

*Any balance remaining in this appropriation after the purpose for which 
the same is made has been completed shall be transferred to the appro- 
priation made by subparagraph (2) of this paragraph. 

**None of these funds shall be expended until the joint office space study 
committee established pursuant to 1970, 29:4 approves the site or sites 
relative to which the planning and engineering studies shall be directed, 
and provided that all such sites shall be located only on state-owned land. 

X Veteran's Home 

Nursing care unit $2,337,500 

Less federal funds 1,519,375 



Net state appropriation Paragraph X 818,125* 

*It is the declared legislative intent that this shall be the total completion 
cost for this project. No funds hereby appropriated shall be expended for 
any other purpose except engineering costs, working drawings and plans 
until such drawings and plans have been approved by the governor and 
council. 

XI. State Prison 
Improvements and repairs as 
follows: replacing windows 
(main cell block), renovate 
heating (main cell block), new 
roofs on hospital and old boiler 
room. No. 1 boiler conversion burn- 
er, toilets for annex, renovate 
annex, maximum security cells in 
old hospital area 275,900 



364 House Journal, 2Apr74 

XII. Water Resources Board — Repairs, 
reconstruction and rebuilding 

of dams. 

(a) Union Meadows $43,320 

(b) Kingswood Lake 53,420 

(c) Glen Lake 151,620 

(d) Howe Reservoir 29,640 

(e) Winnisquam Lake 114,000 

Total Paragraph XII 392,000 

XIII. Water Supply and Pollution 
Control Commission 
Regional waste treatment plant 

Winnipesaukee River Basin $20,086,000 

Less federal funds 15,064,500 

Less local funds 1,004,300 



Net state appropriation Pargraph XIII 4,017,200 

XIV. Public Works and Highways, 
Division of 

Contractual maintenance projects: 
5 year bonds 

New Hampshire Hospital 
Concord, N. H. 

(a) Overhauling elevators $40,000 

(b) Reinsulate warehouse freezer 12,000 



Total Paragraph XIV 52,000 



Total state appropriation Section 1 $12,817,925 

2 Appropriation, University of New Hampshire. The sums 
hereinafter detailed in this section are hereby appropriated for 
the projects specified; inckiding but not limited to the pur- 
chasing, constructing, furnishing and equipping thereof, to 
the trustees of the University of New Hampshire system: 

I. Merrimack Valley Branch 
(a) Development of outside 



utilities 

(b) Construction of first 
building 

(c) Design and working drawings 
of second building 


$3,750,000 

1,668,000 

175,000 




Total Paragraph I 
II. Keene Campus 

Renovation of former Elliot 

Hospital 




$5,593,000^ 
700.000' 



House Journal, 2Apr74 365 

III. Plymouth Campus 

New academic building complete 4,000,000** 

IV. Durham Campus 
Complete renovation of James, 
Morrill, Murkland, and Kingsbur)- 
Halls to conform with N. H. Life 

Safety Code 486,000** 

V. All Campuses 

Phase I of installation of fire 

detection system in various 

buildings to comply with N. H. 

Life Safety Code 82,000** 

VI. Snively Arena — Fire doors, safety 
lights and devices to meet Life 

Safety Code 18,000** 

Total state appropriation Section 2 $10,879,000 

*These funds shall not be transferred or used for any other purposes and 
the following guidelines are the intent of the general court: (1) repairs to 
roofs: (2) repairs to heating equipment and utilities to meet minimum 
applicable life safety code standards; (3) minimum alterations required to 
make usable buildings for administrative and academic purposes. 
**These funds shall not be transferred or used for any other purposes. 

3 Appropriation; Self-Liquidating. The sum of two million 
one hundred eighty-three thousand dollars is hereby appro- 
priated for the purpose of constructing, furnishing, and equip 
ping housing and dining facilities and utilities at the University 
of New Hampshire as follows: 

Durham Dormitory 

Construction $2,040,000** 

Furnishings and equipment 143,000* 



Total Section 3 $2,183,000 



*5 year bonds. 
**30 year bonds. 



4 Expenditures, General. The appropriation made for the 
purposes mentioned in sections 1,13 and 29, and the sums avail- 
able for those projects, shall be expended by the trustees, com- 
mission, commissioner, or department head of the institutions 
and departments referred to herein, provided that all contracts 
for projects and plans and specifications therefor, shall be 
awarded in accordance with the provisions of RSA 228. 

5 Expenditures, University of New Hampshire. 

I. The appropriations made for the purposes mentioned in 
sections 2 and 3 and the sums available for these projects shall 



366 House Journal, 2Apr74 

be expended by the trustees of the University of New Hamp- 
shire. All contracts for the construction of all or any part of said 
building or facilities shall be let only after competitive sealed 
bids have been received and only after an advertisement calling 
for such bids has been published at least once in each of two 
successive calendar weeks in a newspaper of general circulation 
in New Hampshire or in a trade journal known to be circulated 
among the contractors from whom bids will be sought with 
the state of New Hampshire or elsewhere in the area. The first 
publication of such advertisement shall be not less than thirty 
days prior to the date the bids will be received. All conditions 
considered, wherever possible, it is recommended that the ser- 
vice of New Hampshire architectural and construction firms be 
considered within the discretion of the trustees. 

II. Availability of Appropriation. The appropriations made 
in sections 2 and 3 are available for all costs incidental to the 
erection, furnishing, and equipping of these facilities including 
the necessary extension of utilities and includes the cost of the 
services of architects, engineers, and other consultants of such 
kind and capacity as the university board of trustees may, in its 
discretion, wish to employ on such terms and conditions as the 
board determines, and include the cost of furnishing and equip- 
ping the facilities with moveable equipment and furnishings 
not affixed to the buildings, and which are not listed in the 
specifications approved for implementation of the construction 
plans. These monies shall be spent under the direction of the 
university board of trustees. 

III. Rejection of Low Bids. If, in the judgment of the trus- 
tees of the university, just cause exists indicating the lowest 
bid should be rejected, then the contract may be awarded to 
the next lowest bidder, or if the next lowest bid should be re- 
jected, the contract may be awarded to the third lowest bidder. 

IV. Rejection of All Bids. The board of trustees of the 
university has the right to reject any and all bids and, if the 
lowest bid is in excess of the appropriation, the board has the 
right to negotiate with the low bidder or with the three lowest 
bidders for a contract for the construction upon terms consid- 
ered most advantageous to the imiversity. If only one bid is re- 
ceived, the board of trustees may negotiate a contract for the 
construction on terms considered most advantageous to the 
university and to the state. Any authorization contained in this 



House Journal, 2Apr74 367 

act which is at variance Avith the requirements of applicable 
federal law and regulations shall be controlled by the terms of 
the federal law and regulations. 

6 Land Acquisition. Any land acquired under the appro- 
priations made in sections 1 and 13, except such land, if any, as 
may be acquired under the appropriation for water resources 
board, shall be purchased by the commissioner of public works 
and highways, with the approval of governor and council. 

7 Bonds Authorized. To provide funds for the total of the 
appropriations of state funds made in sections 1, 2, 3 and 29 of 
this act, the state treasurer is hereby authorized to borrow upon 
the credit of the state not exceeding the sum of twenty-five mil- 
lion, nine hundred seventy-four thousand, nine hundred twenty- 
five dollars and for said purpose may issue bonds and notes in 
the name and on behalf of the state of New Hampshire in ac- 
cordance with the provisions of RSA 6-A; provided, however, 
that the bonds issued for the purposes of section 1, subparagraph 
Vni (d) , paragraph XIV and section 3 (furnishings and equip- 
ment $143,000) of this act, shall have a maturity date of five 
years from date of issue, and provided further that the bonds 
issued for the purposes of section 3 (construction $2,040,000) 
of this act shall have a maturity date of thirty years from the 
date of issue. 

8 Payments. The payment of principal and interest on 
bonds and notes issued for the projects in sections 1, 2, 3, 13 and 
29 shall be made when due from the general funds of the state. 

9 Liquidation. The state treasurer is authorized to deduct 
from the fund accruing to the university under RSA 187:24, or 
appropriation in lieu thereof, for each fiscal year such sums as 
may be necessary to meet interest and principal payments in 
accordance with the terms and conditions of the bonds or notes 
issued for the purposes of section 2 and 3 hereof. 

10 Powers of Governor and Council. The governor and 
council are hereby authorized and empowered: 

I. To cooperate with and enter into such agreements with 
the federal government or any agency thereof, as they may deem 
advisable, to secure federal funds for the purposes hereof. 

IL To accept any federal funds which are, or become avail- 
able for any project under sections 1, 13 and 29 beyond the 



368 House Journal, 2Apr74 

estimated amounts. The net appropriation of state funds for 
any project for which such additional federal funds are accepted 
shall be reduced by the amount of such additional funds, and 
the amount of bonding authorized by sections 7 or 14, which- 
ever is applicable, shall be reduced by the same amount. 

11 Transfers. The individual project appropriations, as 
provided in sections 1, 2, 3, 13 and 29 shall not be transferred 
or expended for any other purposes; provided that if there is a 
balance remaining after an individual project, which is fully 
funded by state funds, is completed, said balance or any part 
thereof may be transferred by governor and council to any other 
individual project or projects, which are also fully funded by 
state funds, within the same section. 

12 Reduction of Appropriations and Bonding Authority. 
If the net appropriation of state funds for any project provided 
for by sections 1, 2, 3, 13 and 29 is determined on the basis of an 
estimate of anticipated federal, local or other funds, and if the 
amount of such funds actually received or available is less than 
said estimate, then the total authorized cost for such project 
and the net appropriation of state funds therefor each shall be 
reduced by the same proportion as the proportion by which 
federal, local or other funds are reduced. The amount of bond- 
ing authorized by sections 7 or 14, whichever is applicable, shall 
be reduced by the amount that the appropriation of state funds 
is reduced pursuant to this section. 

13 Water Resources Board Appropriation. The sums here- 
inafter detailed in this section are hereby appropriated for the 
projects specified, for capital improvements and long-term re- 
pairs thereto, to the water resources board: 

I. Baker River Watershed Project 

Sites 6-A, 7, and 11-A $2,850,350 

Less federal funds 2,158,575 

Less other funds 8 1 ,000 



Net state appropriation paragraph I $610,775 

IL Cold River Watershed Project Site 

6 (jointly with state of Me.) $345,700 
Less other funds 34,000 

Less federal funds 296,000 



Net state appropriation paragraph II $15,700 



House Journal, 2Apr74 369 



III. Souhegan River Watershed 

Site No. 33 $2,500 

Site No. 8 40,000 



Total paragraph III $42,500 



Total state appropriation section 13 $668,975 



14 Bonds Authorized. To provide funds for the total of the 
appropriations made of state funds in section 13 of this act, the 
state treasurer is hereby authorized to borrow upon the credit 
of the state not exceeding the sum of six hundred sixty-eight 
thousand nine hundred seventy-five dollars and for said pur- 
poses may issue bonds and notes in the name and on behalf of 
the state of New Hampshire in accordance with the provisions 
of RSA 6-A. 

15 Appropriation Extension. The appropriation made to 
the water resources board by 1971, 559:1, X, for the specified 
capital expenditures shall be available for expenditure until 
July 1, 1977. 

16 Certain Parks Appropriations of 1971 Extended. The 
following appropriations to the division of parks, for the speci- 
fied capital improvements, shall be available for expenditure 
until July 1, 1977: 

I. 1971, 559:1, VII, (1), (a), (i) , Franconia Notch State 
Park, tramway cables. 

II. 1971, 559:1, VII, (1), (b), Berlin wayside and recreation 
area. 

III. 1971, 559:1, VII, (1), (g), dredging and improvements 
of Hampton Harbor. 

17 Appropriation for Hooksett Liquor Store Extended. 
Amend 1972, 42 by inserting after section 4 the following new 
section: 

42:4-a Appropriation Extended. Notwithstanding any other 
statute to the contrary the appropriation made by this act shall 
be available for expenditure up to July 1, 1977. 

18 Aeronautics Commission. Amend the footnote in Laws 
of 1969, 505:1, III, as amended by Laws of 1972, 62:3, by adding 



370 House Journal, 2Apr74 

to the footnote the following new paragraph (The provisions 
within this footnote which appear prior to this insertion shall 
not apply to paragraphs III, (b) and (d), but said appropriations 
shall be matched with any applicable federal funds and shall, 
notwithstanding the provisions of RSA 9:18, not lapse until 
June 30, 1977.) 

19 Angle Pond Appropriation Increased. Amend Laws of 
1969, 489:3, by striking out said section and inserting in place 
thereof the following: 

489:3 Expenditure Authorized. The water resources board 
is hereby authorized to expend a sum of money not to exceed 
thirty thousand dollars for use in acquiring, repairing and main- 
taining the dam on North River Pond in the town of Notting- 
ham and the dam at the outlet of Angle Pond in the town of 
Sandown which shall be a charge against the fund established 
in RSA 270:5, VII. 

20 Pisgah Road Appropriation Reduced and Extended. 
Amend Laws of 1971, 559:1, VII, (1), (e), by striking out the 
same and inserting in place thereof the following: 

(e) Pisgah Road Improvements $102,500 
Less federal funds 40,000 



Total $62,500* 

*Within this appropriation the sum of $22,500 provides for 
nonfederal BOR participation projects. This appropriation 
shall not lapse until June 30, 1977. 

21 Reducing the Appropriation for the Soldiers* Home. 
Amend Laws of 1971, 559:1, VIII, by striking out said para- 
graph and inserting in place thereof the following: 

VIII. Soldiers' Home 

Engineering Services — renovations 2,000 

22 Reducing the 1971 Capital Budget Bonding. Amend 
Laws of 1971, 559:8, as amended, by striking out said section 
and inserting in place thereof the folloAving: 

559:8 Bonds Authorized. To provide funds for the appro- 
priations made in sections 1, 2, 3 and 16 of this act, the state 



House Journal, 2Apr74 371 

treasurer is hereby authorized to borrow upon the credit of the 
state not exceeding the sum of eleven million four hundred one 
thousand one hundred sixty-five dollars and for said purposes 
may issue bonds and notes in the name and on behalf of the 
state of New Hampshire in accordance ^vith the provisions of 
RSA 6-A; provided, however, that the bonds issued for the pur- 
poses of section 3 of this act shall have a maturity date of thirty 
years from the date of issue. 

23 Legislative Facilities Committee. Amend 1973, 368:1 by 
striking out said section and inserting in place thereof the fol- 
lowing: 

368:1 Committee Established. A joint committee on legis- 
lative facilities is hereby established for the purposes of con- 
ducting, supervising and coordinating the renovating, rebuild- 
ing, remodeling or construction of the state-owned building 
known as the Old Post Office located in Concord, New Hamp- 
shire, in its sole discretion as it deems necessary, for hearing 
rooms, meeting rooms and other facilities for the use and con- 
trol of the legislature and their supporting activities. Such com- 
mittee shall also conduct, supervise and coordinate the planning 
and construction of a legislative parking facility to be located in 
Concord, New Hampshire for the use and control of the legis- 
lature and their supporting activities. The committee shall con- 
sist of the president of the senate and the speaker of the house, 
or their designees, the majority and minority leaders of each 
body and one member of the senate appointed by the president 
of the senate and one member of the house appointed by the 
speaker of the house who shall be members from the office space 
study committee; and an additional member of the senate ap- 
pointed by the president and an additional member of the 
house appointed by the speaker. The committee shall meet as 
required and shall serve without compensation; however, the 
committee members shall receive legislative mileage. 

24 Legislative Parking Facility. Amend 1973, 368:2 by in- 
serting after paragraph IX the following ne^\" paragraphs: 

X. The committee shall have the authority to negotiate and 
contract with the city of Concord for the acquisition of land or 
air rights for the purpose of constructing a parking facility for 
the use of the legislature, and such land or air rights may be 
acquired without the consent of the governor and council. 



372 House Journal, 2Apr74 

XI. Notwithstanding any other provisions of law to the 
contrary, all space in and utilization of the legislative parking 
facility shall be determined by the president of the senate and 
the speaker of the house. 

XII. The division of buildings and grounds within the de- 
partment of administration and control shall be responsible 
for the maintenance of said parking facility. The superinten- 
dent of state buildings and grounds in consultation with the 
comptroller and approval of the legislative facilities commission 
as established by 1973, 368:1, as amended, shall set reasonable 
user fees. Said user fees collected shall be deposited ^vith the 
state treasurer as restricted revenue to be used by the division of 
buildings and grounds to offset the cost of maintenance. 

25 Appropriation. Amend 1973, 368 by inserting after sec- 
tion 6 the following new sections: 

368:6-a Appropriation. The sum of seven hundred seventy 
thousand dollars is hereby appropriated for the planning and 
construction of a legislative parking facility. Said sums shall be 
expended by the legislative facilities committee. The committee 
is authorized to apply for, accept and expend federal and 
private funds that may be made available for the purposes of 
this act and the amount of state funds available for said purposes 
shall be reduced by the amount thereof. 

368:6-b Bonds Authorized. To provide funds for the appro- 
priation made in section 6-a of this act, the state treasurer is 
hereby authorized to borrow upon the credit of the state not 
exceeding the sum of seven hundred seventy thousand dollars, 
and for said purpose may issue bonds and notes in the name and 
on behalf of the state of New Hampshire in accordance with 
the provisions of RSA 6-A. 

26 Powers of University Trustees. Amend RSA 187:8, as 
amended, by inserting after paragraph IX the following new 
paragraph: 

X. To maintain and operate all housing facilities, dining 
halls or other food service facilities, student unions, and book- 
stores for students and faculty on all campuses of the university 
system which are in existence on the effective date of this para- 
graph or which may later be constructed and to collect rents 
from any such housing facilities. 



House Journal, 2Apr74 373 

27 Special Funds Established. Amend RSA 187 by inserting 
after section 10 the following new section: 

187:10-a Special Funds for Self-amortizing Projects. The 
trustees of the university shall keep the income from all: hous- 
ing facilities, dining halls and other food service facilities, stu- 
dent unions, and bookstores each in a separate fund for each 
division or campus of the university system. From each such 
fund shall be paid the proportionate part of the annual interest 
on the state borrowing for the purpose of constructing any of 
the four above-mentioned particular facilities at the particular 
division of campus, and a like proportionate payment of in- 
stallments of principal as the same become due until such time 
as all obligations incurred by the state for any of said four facili- 
ties at any division or campus have been met. All operating and 
maintenance expenses of the four above-mentioned facilities 
shall be paid from the applicable separate fund hereby estab- 
lished. 

28 Repeal. The folloAving statutes are hereby repealed: 

I. RSA 187:10, relative to dormitory rentals; 

II. Laws of 1967, 394:ll-a, establishing special funds for 
certain university buildings; 

III. Any statute inconsistent with the provisions of RSA 
187:8, X or RSA 187: 10-a. 

29 Mount Sunapee Snow-making Feasibility Study. The 
sum of fifteen thousand dollars is hereby appropriated to the 
department of resources and economic development, division 
of parks to hire a competent engineering firm to make the 
necessary feasibility study, both economic and engineering, for 
the installation of snow-making equipment on all or part of 
Mt. Sunapee. Said study shall be submitted to the fiscal com- 
mittee of the general court which shall consult with the public 
works committees of both the house and senate. If the fiscal com- 
mittee of the general court finds that the installation of snow- 
making equipment at Mt, Sunapee is feasible, then there is 
appropriated to the department of resources and economic de- 
velopment, division of parks the sum of eighty thousand dollars 
to obtain detailed engineering plans for said installation. 

30 Electronic Roll Call Committee. Amend 1973, 592 by 
striking out the first paragraph and inserting in place thereof 
the following: 



374 House Journal, 2Apr74 

That a special legislative committee is hereby established 
to work with the public works division of the department of 
public works and highways to consider the various proposals 
submitted to such division and to decide which system best 
satisfies the requirements of the legislature. Membership of the 
committee shall consist of the speaker of the house, the majority 
and minority leaders of the house, the chairman of the house 
public works committee and the chairman of the house appro- 
priations committee. Each member may appoint designees, not 
exceeding two in number, to serve in his place. The committee 
shall have the following powers and duties: (1) to choose the 
system within the appropriation allocated and provide for in- 
stallation and approval before January 1, 1975; (2) to request 
for an indefinite period the temporary assignment of any classi- 
fied or unclassified employee of the state to assist the committee 
in its work, and such employee shall be assigned to such tempo- 
rary duty and be under the direction and supervision of the 
committee, but shall continue to be paid by the department of 
which he is an employee. In carrying out its duties hereunder, 
the committee is exempted from the provisions of RSA 228 and 
RSA 8; provided, however, that if it so requests, the department 
of public works and highways and the director of the division 
of purchase and property shall provide the services of their de- 
partments and follow the procedures provided for in RSA 22€ 
and RSA 8, except that in no case shall the approval of governor 
and council be required, but instead the approval of the com- 
mittee shall be sufficient. 

31 Effective Date. This act shall take effect upon its passage. 

Sen. Trowbridge 

Sen. Blaisdell 

Sen. Sanborn 

Conferees on the Part of the Senate 

Rep. Arthur F. Mann 

Rep. Daniels 

Rep. Raymond 

Rep. Belair 

Rep. John B. Goff 

Conferees on the Part of the House 

At the request of Rep. Newell, Rep. Raymond answered 
questions. 

Committee of Conference report adopted. 



House Journal, 2Apr74 375 

The committee of conference to which was referred House 
Bill No. 35, 'An Act providing for twenty year retirement for 
members of group II under the New Hampshire Retirement 
System, permitting the transfer of members of the New Hamp- 
shire Firemen's Retirement System and of the New Hampshire 
Policemen's Retirement System into the New Hampshire Re- 
tirement System and making an appropriation therefor.', hav- 
ing considered the same report the same with the following 
recommendation : 

That the House recede from its position of nonconcur- 
rence with the Senate amendment, and 

That the House concur in the adoption of the Senate 
amendment, and 

That the House and Senate each adopt the following 
amendment to the bill and pass the bill as so amended. 

Amend the bill by striking out section II of the same and 
inserting in place thereof the following: 

1 1 Appropriation. There is hereby appropriated the sum 
of forty-nine thousand dollars for the 1975 fiscal year repre- 
senting the state's share of the cost of carrying out the purposes 
of this act. The governor is authorized to draw his warrant for 
the sums herein appropriated from any money in the treasury 
not otherwise appropriated. 

Amend the bill by striking out section 13 of same and in- 
serting in place thereof the following: 

13 Effective Date. This act shall take effect July 1, 1974. 

Sen. Trowbridge 

Sen. Green 

Sen. Blaisdell 

Conferees on the Part of the Senate 

Rep. Drake 

Rep. George B, Roberts, Jr. 

Rep. Coutermarsh 

Rep. Weeks 

Rep. Roderick H. O'Connor 

Conferees on the Part of the House 



376 House Journal, 2Apr74 

At the request of Rep. Read, Rep. Drake answered que* 
tions. 

(discussion) 

Rep. Palfrey spoke in favor of the committee of confer- 
ence report. 

Committee of Conference report adopted. 



The committee of conference to which was referred House 
Bill No. 34, 'An Act relative to energy facility evaluation, siting, 
construction and operations; providing for a tax on refined 
petroleum products; and establishing an energy facility study 
committee.', having considered the same report the same with 
the following recommendations: 

That the House recede from its position of nonconcurrence 
with the Senate amendment, and 

That the House concur in the adoption of the Senate 
amendment, and 

That the House and Senate each adopt the following 
amendments to the bill, and 

That the House and Senate each pass the bill as amended. 

Amend RSA 162-H:1 as inserted by section 3 of the bill by 
inserting at the end of said section the following (The legisla- 
ture also recognizes that it has a broad responsibility to provide 
both economic and environmental protection for its coastal 
and estuarine waters and the adjoining land areas. The legisla- 
ture therefor declares it to be its policy that any offshore facility 
other than pipelines shall be located so as to at least comply 
with the policies and guidelines of the Federal Environmental 
Protection Agency; and that this policy may be relaxed only if 
it is shown by clear and convincing evidence that there are com- 
pelling technological or economic reasons for doing so, that no 
feasible alternative exists, and that there will be no substantial 
environmental risk.) so that said section as amended shall read 
as follows: 

I62-H:l Declaration of Purpose. The legislature recognizes 
that the selection of sites for energy facilities will have a signifi- 
cant impact upon the welfare of the population, the economic 



House Journal, 2Apr74 377 

growth of the state and the environment of the state. The legis- 
lature, accordingly, finds that the public interest requires that 
it is essential to maintain a balance between the environment 
and the possible need for new energy facilities in New Hamp- 
shire; that undue delay in construction of any needed facilities 
be avoided; that the state insure that the construction and oper- 
ation of energy facilities is treated as a significant aspect of 
land-use planning in which all environmental, economic and 
technical issues are resolved in an integrated fashion; and that 
existing laws do not provide adequate public review and con- 
trol over the construction and operation of energy facilities. 
The legislature, therefore, hereby establishes a procedure for 
the review, approval, monitoring and enforcement of compli- 
ance in the planning, siting, construction and operation of ener- 
gy facilities. The legislature also recogizes that it has a broad 
responsibility to provide both economic and environmental 
protection for its coastal and estuarine waters and the adjoining 
land areas. The legislature therefore declares it to be its policy 
that any offshore facility other than pipelines shall be located so 
as to at least comply with the policies and guidelines of the 
Federal Environmental Protection Agency; and that this policy 
may be relaxed only if it is sho^vn by clear and convincing 
evidence that there are compelling technological or economic 
reasons for doing so, that no feasible alternative exists, and that 
there will be no substantial environmental risk. 

Amend RSA 162-H:4, H, as inserted by section 3 of the 
bill, by striking out in line twenty-three the word "five" and in- 
serting in place thereof the following (seven) so that said para- 
graph as amended shall read as follows: 

II. The committee shall incorporate in any permit issued 
hereunder such terms and conditions as may be specified to the 
committee by any of such other state agencies as have jurisdic- 
tion, under state or federal law, to regulate any aspect of the 
construction or operation of the proposed facility; provided, 
however, the committee shall not issue any permit hereunder if 
any of such other state agencies denies authorization for the 
proposed activity over which it has jurisdiction. The denial of 
any such authorization shall be based on the record and ex- 
plained in reasonable detail by the denying agency. Notwith- 
standing any other provision of law, the application required by 
RSA 162-H:6 shall be in lieu of all applications otherwise re- 



378 House Journal, 2Apr74 

quirable by any of such other state agencies. Further notwith- 
standing any other provision of law, the hearing conducted 
under RSA 162-H:8 shall be a joint hearing with such other 
state agencies and shall be in lieu of all hearings otherwise re- 
quirable by any of such other state agencies, provided, however, 
if any of such other state agencies does not otherwise have au- 
thority to conduct hearings, it may not join in the hearing 
under this chapter; provided further, however, the ability or in- 
ability of any such other state agencies so to join shall not affect 
the composition of the committee under RSA I62-H:3 nor tlie 
ability of any member of the committee to act in accordance 
with this chapter. Subject to RSA 162-H:6, III, but notwith- 
standing any other provision of law, each of such other state 
agencies shall make and submit to the committee a final decision 
on such parts of the application as relate to its jurisdiction not 
later than seven months after it has received a copy of such parts 
in accordance with RSA 162-H:6, I. Not^vithstanding any other 
provision of this section or this chapter, each of such other 
state agencies shall retain all of its powers and duties of en- 
forcement. 

Amend RSA 162-H:4, III, as inserted by section 3 of the 
bill, by striking out said paragraph. 

Amend RSA 162-H:7, I. (d) , as inserted by section 3 of the 
bill, by striking out in line one the ^v^ord "his" and inserting in 
place thereof the following (its') , so that said subparagraph as 
amended shall read as follows: 

(d) The location or locations where an applicant is to con- 
duct its business. 

Amend RSA 162-H:9, I, as inserted by section 3 of the bill, 
by striking out said paragraph and inserting in place thereof the 
following: 

I. In order for the committee to issue a permit hereunder 
consistent with the provisions of RSA 162-H:1, it must find the 
following: 

Amend RSA 162-H:9, I, (a), as inserted by section 3 of the 
bill, by inserting in line three after the word "sites," the follow- 
ing (coastal and estuarine waters,) so that said subparagraph as 
amended shall read as follows: 

(a) the proposed site and facility will not unduly interfere 



House Journal, 2Apr74 379 

with the orderly development of the region and will not have 
an unreasonably adverse impact on aesthetics, historic sites, 
coastal and estuarine waters, air and water quality, the natural 
environment and the public health and safety; and 

Amend RSA 162-H:10 as inserted by section 3 of the bill, 
by striking out in line two the word "twelve" and inserting in 
place thereof the following (fourteen) so that said section as 
amended shall read as follows: 

162-H:10 Permit Deadline. Subject to RSA 162-H:6, III, a 
permit shall be either issued or denied by the committee within 
fourteen months of the date of its receipt of the application and 
may contain such reasonable terms and conditions as it deems 
necessary and may provide for such reasonable monitoring pro- 
cedures as may be necessary. Such determinations, "when made, 
shall be final and in writing and subject only to the provisions 
of this chapter. 

Amend RSA 78-C:2, I, as inserted by section 4 of the bill, 
by striking out in line two the words "one-half" and inserting 
in place thereof the following (one-tenth), so that said paragraph 
as amended shall read as follows: 

I. A tax is hereby imposed upon the refining of refined 
petroleum products at the uniform rate of one-tenth of one per- 
cent on the fair market value per barrel of such products at the 
refinery site, to be paid by the refiner thereof. 

Amend the bill by striking out all after section 4 and in- 
serting in place thereof the following: 

5 Energy Facility Study Committee Established. There is 
hereby established a committee to study energy facilities and 
related activities. The study shall include but is not limited to 
energy facilities (including oil refineries), siting, pipelines, off- 
shore loading and unloading and the regional community im- 
pact of energy facilities and related satellite petrochemical 
industries. Said committee shall consist of eleven members 
appointed as follows: two senators appointed by the president 
of the senate, three representatives appointed by the speaker of 
the house, one member from the Southeast Regional Planning 
Commission, one general economist appointed by dean of 
Whittmore School of Business, one general biologist and one 
engineer or technologist, both appointed by the president of the 



380 House Journal, 2Apr74 

University of New Hampshire, and two members of the gen- 
eral public, appointed by the governor. The committee shall 
elect one of its members as chairman. The legislative members 
of the committee shall be entitled to legislative mileage and 
the department representatives on the committee are authorized 
reimbursement for actual expenses in the performance of duties 
connected with committee functions. The committee is author- 
ized, and it is recommended that they consult with the other 
New England states or any committee therein, to define a New 
England plan for the orderly development of oil refinery siting 
and offshore unloading facility. Further studies should include 
consideration of the advantages and disadvantages of both pri- 
vate and publicly owned offshore loading facilities and the part 
that the port authority should play in such a facility. The com- 
mittee is authorized to hold public hearings and to receive the 
support and cooperation of any state agency as may be required. 
The committee's recommendations and findings shall be made 
to the general court by January 1, 1975. 

6 Energy Facility Tax Study. The matter of taxation and 
its application to energy facilities (including oil refineries), 
shall be referred to the standing ways and means committee of 
the senate and the house for their joint consideration. Any re- 
port and recommendations shall be made to the general court 
by January 1, 1975. 

7 Effective Date. This act shall take effect upon its passage. 

Rep. Greene 

Rep. Nutt 

Rep. Roberts 

Rep. Woodruff 

Rep. David J. Bradley 

Conferees on the Part of the House 

Sen. Porter 

Sen. Bradley 

Sen. Preston 

Conferees on the Part of the Senate 

Committee of Conference report adopted. 



The committee of conference to which was referred House 
Bill No. 33, 'An Act relative to the Winnipesaukee River Basin 
Control; providing for continuation of the study committee on 



House Journal, 2Apr74 381 

water supply and pollution control commission; and establish- 
ing an interim committee to study floodplains,' having con- 
sidered the same, report the same with the following recom- 
mendations: 

That the House recede from its position of nonconcurrence 
with the Senate amendment, and 

That the House concur in the adoption of the Senate 
amendment, and 

That the House and Senate each adopt the following 
amendment to the bill, and 

That the House and Senate each pass the bill as so amend- 
ed. 

Amend the bill by striking out all after section 3 of same 
and inserting in place thereof the following: 

4 Committee Membership Enlarged. Amend the laws of 
1973, chapter 334, by striking out all after the resolving clause 
and inserting in place thereof the following: 

That there is hereby established a special legislative com- 
mittee to study and report on the existing program and future 
needs of the water supply and pollution control commission. 
The committee shall review the efficiency, economy and effec- 
tiveness of present procedures, policies and programs of the 
commission ^vith respect to the handling of the duties and func- 
tions assigned to it. The committee shall make recommendation 
for any additional safeguards, personnel and other measures 
which it deems necessary in order that the commission may 
carry out its present and anticipated future responsibilities. Said 
committee shall consist of thirteen members appointed as fol- 
lows: three senators, appointed by the president of the senate, 
seven representatives of the House committee on resources, 
recreation and development, appointed by the speaker of the 
house and three members representing the general public ap- 
pointed by the governor. The committee shall elect one of its 
members as chairman. The committee shall report its findings 
and recommendations to the general court on or before Janu- 
ary 1.5, 1975. The committee shall have full power and authority 
to require from the several departments, agencies, and officials 
of the state and its political subdivisions, such data, information 
and assistance as it may deem necessary or desirable for the 



382 House Journal, 2Apr74 

purposes of this study. The ^vater supply and pollution control 
commission shall provide the special committee with such of its 
rules, regulations and procedures as the committee may request, 
together Avith the justification thereof. 

5 Effective Date. 

I. RSA 149-G:6, II, as inserted by section 2 of the act shall 
take effect on June 30, 1978. 

II. The remainder of this act shall take effect upon its 
passage. 

Sen. Porter 

Sen, Gardner 

Sen. Claveau 

Conferees on the part of the Senate 

Rep. Claflin 

Rep. Ladd 

Rep. Oleson 

Rep. Tilton 

Rep. Harriman 

Conferees on the part of the House 

Committee of Conference report adopted. 



The committee of conference to which was referred House 
Bill 18, An Act requiring local approval prior to approval of 
site plans for oil refineries, having considered the same, report 
the same with the following recommendations: 

That the House recede from its position of non-concur- 
rence with the Senate amendment, and 

That the House concur in the adoption of the Senate 
amendment, and 

That the House and Senate each pass the bill as amended 
by the Senate. 

Sen. Porter 

Sen. Johnson 

Sen. Preston 

Conferees on the Part of the Senate 



House Journal, 2Apr74 38- 

Rep. Hanson 

Rep. Benton 

Rep. Ethier 

Rep. Spirou 

Rep. Madeline G. Townsend 

Conferees on the Part of the House 



Committee of Conference report adopted. 



SB 17, relative to the New Hampshire Port Authority, the 
construction of fishing facilities at Portsmouth, Hampton and 
Rye harbors, and the location of marine science docking 
and related facilities for the university of New Hampshire and 
making an appropriation therefor. 

(Printed SJ April 2) 

Rep. Raymond explained the committee of conference 
report. 

(discussion) 

Committee of Conference report adopted. 



The committee of conference to which was referred House 
Bill No. 31, 'An Act authorizing the public utilities commission 
until March 6, 1975, to acquire, as agent of the state, such rail- 
road properties within the state deemed to be necessary for 
continued and future railroad operation for the benefit of the 
public, and providing bonding authority; on March 6, 1975, 
the foregoing authority shall be transferred to the New Hamp- 
shire transportation authority.', having considered same, report 
the same with the following recommendations: 



'& 



That the House recede from its position of nonconcurrence 
with the Senate amendment, and 

That the House concur in the adoption of the Senate 
amendment, and 

That the House and Senate each adopt the following 
amendments to the bill, and 

That the House and Senate each pass the bill as so 
amended. 



384 House Journal, 2Apr74 

Amend 372-A as inserted by section 1 of the bill, by insert- 
ing after section 20 the following new section: 

372-A: 21 Authorized to Employ Consultants. The com- 
mission may, in support of its actions as herein authorized, en- 
gage the services of consultants for the purpose of preparing 
estimates for plant rehabilitation costs. Further, it may engage, 
as it considers necessary, the services of qualified independent 
consultants to perform economic feasibility studies, or as other- 
wise necessary in carrying out the responsibilities of this chapter. 

Amend RSA 372-A: 20 as inserted by section 1 of the bill, 
by striking out in line three the words "or discussion", so that 
said section as amended shall read as follows: 

372-A: 20 New Hampshire Transportation Authority; Rep- 
resentative of. The executive director of the New Hampshire 
transportation authority, shall be notified and included in any 
meeting held by the public utilities commission and kept ap- 
prised of any decision made by said commission pursuant to the 
provisions of this chapter. 

Amend section 2 of the bill, by striking out in line one the 
word "two" and inserting in place thereof the following (four) , 
so that said section as amended shall read as follows: 

2 Appropriation. There is hereby appropriated the sum 
of four million dollars for the purpose of purchasing, selling or 
leasing railroad properties and for the maintenance and opera- 
tion of any railroad properties acquired pursuant to the pro- 
visions of RSA 372-A. Said appropriation shall be nonlapsing 
and may be expended by the commission for the aforementioned 
purposes only. 

Amend section 3 of the bill, by striking out in line four the 
word "two" and inserting in place thereof the following (four) , 
so that said section as amended shall read as follows: 

3 Bond Issue Authorized. To provide funds for the pur- 
poses of section 2 of this act, the state treasurer is hereby au- 
thorized to borrow upon the credit of the state or to borrow 
from the federal government, or a combination of both a sum 
not exceeding four million dollars and for that purpose may 
issue bonds and notes in the name and on behalf of the state 
of New Hampshire in accordance with the provisions of RSA 
6-A. 



House Journal, 2Apr74 385 

Amend section 6 of the bill by striking out said section and 
inserting in place thereof the following: 

6 New Hampshire Transportation Authority Appropria- 
tion Reduced. Amend the Laws of 1973, 582:4 by striking out 
in line two the words "one hundred" and inserting in place 
thereof the following (fifteen) and by striking out in line three 
the words "a like amount" and inserting in said line after the 
numerals "1975" the following (the sum of one hundred thou- 
sand dollars.) so that said section as amended shall read as 
follows: 

582:4 There is hereby appropriated for the New Hamp- 
shire transportation authority for the fiscal year ending June 
30, 1974, the sum of fifteen thousand dollars; and for the fiscal 
year ending June 30, 1975, the sum of one hundred thousand 
dollars. The governor is authorized to draw his warrant for the 
sums hereby appropriated out of any money in the treasury not 
otherwise appropriated. 

Amend section 10 of the bill by inserting after RSA 21-C:24 
the following new RSA section: 

21-C:25 Authorized to Employ Consultants. The authority 
may, in support of its actions as herein authorized, engage the 
services of consultants for the purpose of preparing estimates 
for plant rehabilitation costs. Further, it may engage, as it con- 
siders necessary, the services of qualified independent consul- 
tants to perform economic feasibility studies, or as otherwise 
necessary in carrying out the responsibilities of this chapter. 

Amend section 12 of the bill by striking out in line two the 
numeral "6" and inserting in place thereof the following (13) , 
so that said section as amended shall read as follows: 

12 Transfer of Appropriation; Bond Issue Authorization; 
Amortization of Bonds; and Appropriation for Administration. 
Effective on March 13, 1975, the appropriation made by section 

2 of this act; the authorization for bond provided for by section 

3 of this act; the provisions for amortization of such bonds pur- 
suant to section 4 of this act; and the remainder of any funds 
appropriated, any personnel hired, and records and equipment 
acquired pursuant to the provisions of section 5 of this act, are 
hereby transferred to the New Hampshire transportation au- 
thority and the appropriate reference to RSA 21-C shall be sub- 



386 House Journal, 2Apr74 

stituted for any reference to RSA 372-A in the aforementioned 
sections of the act. 

Amend paragraph II of section 14 of the bill by striking 
out said paragraph and inserting in place thereof the following: 

II. Sections 7, 8, 9, 10, 11, 12 and 13 of this act shall take 
effect only if both houses of the 1975 general court so vote prior 
to March 13, 1975, upon such action by the 1975 general court 
these sections shall take effect on March 13, 1975; in the event 
such action is not taken by said date these sections shall become 
null and void and have no legal force or effect, and the authority 
granted to the public utilities commission and to others by sec- 
tions 1 through 6 shall continue in force and effect. 

Rep. Zachos 

Rep. Hoar 

Rep. Bigelow 

Rep. Anthony Stevens 

Rep. Daniell 

Conferees on the Part of the House 

Sen. Trowbridge 

Sen. Claveau 

Sen. Sanborn 

Conferees on the Part of the Senate 

At the request of Rep. Lawton, Rep. Zachos explained the 
committee of conference report. 

Reps. Coutermarsh, George I. Wiggins and Plourde spoke 
against the committee of conference report. 

(discussion) 

Reps. Zachos, Bigelow, Spirou, Hunt and Lawton spoke 
in favor of the committee of conference report. 

Reps. French, Parr, Forcier, Withington, Lessard, An- 
thony Stevens, Palfrey, Howard S. Humphrey, Hoar and Fred 
E. Murray non-spoke in favor of the committee of conference 
report. 

Rep. Clark non-spoke against the committee of confer- 
ence report. 

Reps. Cobleigh and Boisvert moved the previous question. 

Sufficiently seconded. 



House Journal, 2Apr74 387 

Adopted. 

A division was requested. 

219 members having voted in the affirmative and 54 in 
the negative, Committee of Conference report adopted. 

Rep. Curran wished to be recorded as voting against the 
committee of conference report. 

ENROLLED BILLS REPORT 

SB 18, providing additional cost of living increases for re- 
tired members of the N. H. Teachers' Retirement System, the 
N. H. Policemen's Retirement System, the N. H. Firemen's 
Retirement System, the N. H. Retirement System and the State 
Employees Retirement System, and making an appropriation 
therefor; providing for compensatory contributions for inter- 
rupted service; and providing for an actuarial study of pre- 
funding to be paid out of escrowed funds derived from an in- 
terest assumption change. 

Maurice M. Read 
For The Committee 

RECESS 
AFTER RECESS 

SENATE MESSAGE 

ADOPTION COMMITTEE OF CONFERENCE 
REPORT 

HB 1, making supplemental appropriations for expenses 
of certain departments of the state for the fiscal years ending 
June 30, 1974 and June 30, 1975 and making other budgetary 
changes. 

HB 31, authorizing the public utilities commission to ac- 
quire, as agent of the state, such railroad properties within the 
state deemed to be necessary for continued and future railroad 
operation for the benefit of the public, and making an appro- 
priation therefor. 

COMMITTEE OF CONFERENCE REPORT 

SB 10, establishing a sire stakes program and a standard- 
bred breeders and owners development agency. 



388 House Journal, 2Apr74 

(Printed SJ April 2) 
Rep. Drake explained the amendment. 

(discussion) 
Committee of Conference report adopted. 

COMMITTEE OF CONFERENCE REPORT 

The committee of conference to which was referred HB 1, 
making supplemental appropriations for expenses of certain 
departments of the state for the fiscal years ending June 30, 
1974, and June 30, 1975, and making other budgetary changes, 
having considered the same, report the same with the follow- 
ing recommendations: 

That the House recede from its position of nonconcur- 
rence with the Senate amendment, and adopt the amendment 
to the bill as adopted by the Senate; and 

That the House and Senate each adopt the following 
amendments to the bill as amended by the Senate; and 

That the House and Senate each pass the bill as amended 
by the Senate with the following amendments: 

Amend the bill by striking out paragraph II as inserted by 
section 44. 

Amend the bill by striking out section 46 and inserting in 
place thereof the following new section 46: 

46 Decreasing the Appropriation for the Division of Wel- 
fare $681,700 in 1974. Amend 1973, 376:46, VII, (d) , (1) by 
striking out the same and inserting in place thereof the follow- 
ing: 

(1) Case services: 

Grants $712,000 $1,398,600 



Total $712,000 $1,398,600 

Estimated source of funds 
for case services: 

Federal $534,000 $1,048,950 

General 178,000 349,650 



Total $712,000 $1,398,600 



House Journal, 2Apr74 389 

Amend 1973, 376:14, IV as inserted by section 66 of the 
bill by striking out the lines "Salaries of four assistant attorneys 
general $54,382 $59,794, Other personal services: Permanent 
28,994 30,407" and inserting in place thereof the following: 



Salaries of four assistant 






attorneys general 


$54,382 


$73,279 


Other personal services: 






Permanent 


28,994 


16,922 



Amend section 70 of the bill by striking out said section 
and inserting in place thereof the following: 

70 Increasing the Appropriation to the Department of Re- 
sources and Economic Development to Update the State Com- 
prehensive Outdoor Recreation Plan, to Make Permanent the 
Temporary Position of one Recreation Technician and Pro- 
vide Additional out of State Travel Funds for the Office of the 
Commissioner. 

I There is hereby appropriated to the department of re- 
sources and economic development the sum of $63,000 in addi- 
tion to any other sums appropriated, for fiscal 1974 for the state 
comprehensive outdoor recreation plan. The sum hereby ap- 
propriated shall be a charge against federal fimds in the amount 
of $31,500 and from funds not otherwise appropriated in the 
amount of $31,500 for fiscal 1974. The sums hereby appropriated 
shall not be transferred or used for any other purposes and shall 
not lapse until June 30, 1975. 

II There is hereby appropriated to the department of re- 
sources and economic development, recreation services, in ad- 
dition to any other sums appropriated, the following: 

1974 1975 

Personal services: 

Permanent $1,954* $10,806 

Other expenditures: 

Benefits 176 974 



Total $2,130 $11,780 

Estimated source of 

funds for recreation 

services: 

Transfer from BOR 



390 House Journal, 2Apr74 



Surcharge Escrow 






Account 


863 


— 


Recovery from BOR 






Direct and/or 






Indirect charges 


— 


5,890 


General Fund 


1,267 


5,890 



Total $2,130 $11,780 

*New position of 1 recreation technician effective April 25, 
1974. 

The Governor is authorized to draw his warrant for the 
sums hereby appropriated out of any money in the treasury not 
otherwise appropriated. 

Ill Amend 1973, 376:35, I (a) by striking out the line "Out 
of state 1,200 1,200" and inserting in place thereof the 

following: 

Out of state 1,200 2,200 

Amend section 72 of the bill by striking out said section 
and inserting in place thereof the following: 

72 Increasing the Appropriation for the Water Resources 
Special Board by $2,000 in 1974, and $3,000 in 1975. Amend 
1973, 376:36, III by striking out the lines "Other 4,500 4,500, 
In state 4,000 4,000" and inserting in place thereof the follow- 
ing: 

Other 6,500 6,500 

In state 4,000 5,000 

Amend the bill by striking out section 74 and inserting in 
place thereof the following new section: 

74 Retirement Systems: Notice of Cost Increases to Local 
Officials. Amend RSA 100-A:14, (supp) as inserted by 1967, 
134:1, as amended, by inserting after paragraph XI the follow- 
ing new paragraph: 

XII. The state treasurer as agent for the board shall notify 
the selectmen of all towns, all city councils, and the superin- 
tendent or chief fiscal officer of all school districts within ten 
days of the introduction and within thirty days of the enactment 
of any legislative measure relative to the retirement systems 
which would affect the retirement system costs to cities, towns 
and school districts. For the purposes of this paragraph, "legisla- 
tive measure" shall mean any bill or joint resolution introduced 



House Journal, 2Apr74 391 

in either the senate or the house of representatives but shall not 
include amendments to bills or joint resolutions. 

Amend 1973, 376:3, VI as inserted by section 88 of the bill 
by striking out the line "Regional assistance 334,500** 330,- 
000**" and inserting in place thereof the following: 

Regional assistance 334,500** 330,000t 

Further amend 1973, 376:3, VI as inserted in section 88 of 
the bill by striking out the ** footnote and inserting in place 
thereof the following: 

**This appropriation shall be for the six regional planning 
areas and may not be transferred or expended for any other 
purpose. 

fThis appropriation shall be for the six regional planning areas 
and metropolitan central cities under the H.U.D. 701 program 
and may not be transferred or expended for any other purpose; 
provided $95,000 shall represent a continuation of the state 
grants program to the regional planning commissions; and pro- 
vided further, that no more than $70,000 of federal funds of 
this appropriation may be spent for metropolitan central cities 
and metropolitan planning regions under the H.U.D. 701 pro- 
gram. 

Amend the bill by striking out section 92 and inserting 
in place thereof the following: 

92 Authorizing the Department of Safety, Division of Mo- 
tor Vehicles to establish a motor vehicle substation in the city 
of Manchester and providing an appropriation therefor. There 
is hereby appropriated to the department of safety, division of 
motor vehicles, for the purpose of establishing a motor vehicle 
substation in the city of Manchester the following: 

1975 

Personal services: 

Permanent $5,855 

Other 5,381 

Current expenses 1,826 

Equipment 2,811 

Other expenditures: 

Benefits 1,001 

Total $16,874 



392 House Journal, 2Apr74 

The above amounts are appropriated in addition to any 
other appropriation for the Department of Safety. The sums 
appropriated shall be a charge against the highway fund and 
shall not be transferred or used for any other purpose. 

Amend section 94 of the bill by striking out said section 
and inserting in place thereof the following: 

94 Increasing the appropriation for the General Court by 
$18,110 in 1974, and $45,755 in 1975. Amend 1973, 376:2, I, 
(a) and (b) by striking out the same and inserting in place 
thereof the following: 

Fiscal 1974 Fiscal 1975 
(a) Senate: 

Personal services: 

Members $6,050 

Attaches $38,000 95,000 

Current expenses 7,000 18,900 

Travel — members and attaches 10,000* 53,001** 

Equipment and capital 

improvements 2,500 5,000 

Other expenditures: 

Membership fees 1,500 1,500 

Legal services and 

consultants 1,500 3,000 

Benefits 3,420 8,500 



Total $63,920 $191,001 

Estimated source of funds 
for senate: 

General $63,920 $191,001 



*Includes travel and expenses authorized by RSA 14-A:3 
(supp) . 

**In addition to travel allowed for attending sessions of the 
general court, this sum shall include payments as authorized 
by RSA 14-A:3 except that after a member fails of nomination 
in a primary election or fails of election or shall have not filed 
for re-election to his office, no expenses shall be allowed him 
for out of state travel. 



House Journal, 2Apr74 393 

Fiscal 1974 Fiscal 1975 



(b) House: 






Personal services: 






Members 


$ - 


$86,680 


Attaches 


82,299 


232,998 


Current expenses 


23,000 


47,422 


Travel — members and 






attaches 


32,835* 


505,000** 


Equipment and capital 






improvements 


10,000 


15,000 


Other expenditures: 






Membership fees 


1,400 


1,400 


Legal services and 






consultants 


1,000 


1,000 


Standing and interim 






committees 


8,000 


4,000 


Speaker's special fund 


500t 


500t 


Minority leader's special 






fund 


250t 


250t 


Benefits 


7,407 


20,413 


Total 


$166,691 


$914,663 


Estimated source of funds 






for house: 






General 


$166,691 


$914,663 



*Includes travel and expenses authorized by RSA 14-A:3 (supp) 

**In addition to travel allowed for attending sessions of the 
general court, this sum shall include payments as authorized by 
RSA 14-A:3 except that after a member fails of nomination in 
a primary election or fails of election or shall have not filed for 
re-election to his office, no expenses shall be allowed him for out 
of state travel. 

f To be fully accountable. 

Amend section 100 of the bill by striking out said section 
and inserting in place thereof the following: 

100 Increasing the Appropriation for Legislative Post- 
Audit. There is hereby appropriated to the legislative budget 
assistant post-audit division, in addition to any other funds ap- 
propriated, the sum of $15,000 for fiscal 1975 for consultants 



394 House Journal, 2Apr74 

The governor is authorized to draw his warrant for the sum 
hereby appropriated out of any money in the treasury not other- 
wise appropriated. 

Amend the bill by striking out section 103 and inserting 
in place thereof the following: 

Transfer of Retirement System Members. Amend RSA 
100-A:33-a (supp) , as inserted by 1973, 265:1, by striking out 
in line five the word "April" and inserting in place thereof 
the word (June) and by striking out in line seven the word 
"February" and inserting in place thereof the word (May) so 
that said section, as amended, shall read as follows: 

100-A:33-a Additional Transfer of Members. All employees 
of the other state retirement systems are hereby transferred to 
the New Hampshire retirement system as of June 30, 1974; pro- 
vided, however, that no member of said other retirement sys- 
tems shall be transferred if on or before June 1, 1974 said 
member shall notify the board of trustees, in writing, of his 
desire to remain in his original system. Prior to May 1, 1974 the 
board of trustees shall forward to each member a written ex- 
planation of the difference between the two systems, a copy of 
this act and a form on which to notify the board of his intent 
to remain in the predecessor system. 

Amend the bill by striking out section 104 and inserting 
in place thereof the following sections: 

104 Probate Judges' Costs and Expenses. Amend 1973, 
376:11, III, by striking out said paragraph and inserting in 
place thereof the following: 

1974 1975 

III Probate court: 
Salaries of judges, 
registers, and 
deputy registers $246,109 $247,381 

Other expenditures: 
Expenses and costs of 
probate judges and 
printing in carrying 
out RSA 547:33, 34 and 35 7,000g — 



House Journal, 2Apr74 395 



Administrative committee 






of probate courts. 






consultants 


3,000g 


— 


Benefits 


22,150 


22,264 


Total 


$278,259 


$269,645 


Estimated source of 






funds for probate 






court: 






General 


$278,259 


$269,645 



105 Administrative Committee of Probate Courts, Con- 
sultants. Amend RSA 547 by inserting after section 35 the fol- 
lowing new section: 

547:36 Administrative Committee, Consultants. The ad- 
ministrative committee of probate courts established under 
RSA 547:34 is hereby authorized and empowered to employ 
consultants, within the limits of any appropriation made there- 
for, to assist the committee in the performance of its duties 
under this chapter. 

106 Footnote Added to Provide For Appropriation Trans- 
fer. Amend 1973, 476:41, VI by striking out the lines "Town 
Road Aid 1,650,000 1,650,000" and inserting in place 
thereof the following: 

Town Road Aid 1,650,000* 1,650,000 

Further amend 1973, 376:41, VI by inserting after said 
paragiaph the following new footnote: 

* Other provisions of law notwithstanding, the Commissioner 
of Public Works and Highways shall allocate and pay a sum 
not exceeding $67,500 from this appropriation not previously 
allocated to other state municipalities as a state contribution 
to the City of Portsmouth as a State contribution of 50% of the 
total estimated cost of constructing a temporary emergency 
access due to the failure of the Kearsarge Way bridge. 

107 Effective Date. This act shall take effect upon its pas- 
sage. 

Sen. TroAvbridge 

Sen. Green 

Sen. Foley 

Conferees on the Part of the Senate 



396 House Journal, 2Apr74 

Rep. Drake 

Rep. Ferguson 

Rep. Scamman 

Rep. McGinness 

Rep. John B. Goff 

Conferees on the Part of the House 

Rep. Drake explained the report. 

Committee of Conference report adopted. 

Rep. Sweeney wishes to be recorded against the report on 
HBl. 



Rep. Schwaner announced that Rep. Ainley has been 
elected Vice President of the Owls. 

Rep. Vesta M. Roy has a new grandson born at 2 p.m. To- 
day. 

RECESS 

SENATE MESSAGE 

ADOPTION COMMITTEE OF 
CONFERENCE REPORT 

SB 17, relative to the New Hampshire Port Authority, the 
construction of fishing facilities at Portsmouth, Hampton and 
Rye harbors, and the location of marine science docking and 
related facilities for the university of New Hampshire and mak- 
ing an appropriation therefor. 

COMMITTEE OF CONFERENCE REPORT 

The committee of conference to which was referred House 
Bill 11 'An Act to increase the salaries of state classified em- 
ployees and employees of the university system and providing 
differential pay to classified prison employees and correctional 
psychiatric aides at the New Hampshire Hospital and making 
appropriations therefor', having considered the same, report 
the same with the following recommendation: 

That the House recede from its position in nonconcurring 
with the Senate amendment, and 

That the House concur in the adoption of the Senate 
amendment, and 



House Journal, 2Apr74 397 

That the House and Senate each adopt the following 
amendment to the bill and pass the bill as so amended: 

Amend the bill by striking out all after section 8 and in- 
serting in place thereof the following: 

9 Hazardous Pay for Prison and New Hampshire Hospital 
Personnel. Amend RSA 99 by inserting after section 9 the fol- 
lowing new section: 

99:10 N. H. State Prison and N. H. Hospital. Classified 
employees at the state prison and the New Hampshire Hospital 
who are continuously exposed to inmates or forensic patients 
daily in the normal course of their duties shall be paid, in ad- 
dition to their regular salary, hazardous duty pay in the amount 
of twenty-five dollars per week. 

10 Appropriation. There is hereby appropriated for the 
fiscal year ending June 30, 1975 the sum of one hundred seventy- 
nine thousand four hundred dollars for the purposes of section 
9 of this act. The governor is authorized to draw his warrant 
for the sums hereby appropriated out of any money in the 
treasury not otherwise appropriated. 

11 Differential Pay for Institutional Employees. Amend 
RSA 99 by inserting after section 10 the following new section: 

99:11 Differential Pay; Institutional Employees. To the 
annual salaries of those classified employees at the N. H. Hos- 
pital, Laconia State School and Training Center, and the N. H. 
Youth Development Center who, on a daily basis, are actively 
engaged in the care and treatment of patients or inmates, shall 
be added a five dollar per week differential increase. The pro- 
visions of this section shall not apply to those employees who 
receive hazardous duty pay pursuant to RSA 99:10. 

12 Appropriation. There is hereby appropriated for the 
fiscal year ending June 30, 1975 the sum of two hundred sixty 
thousand dollars for the purposes of section 11 of this act. The 
governor is authorized to draw his warrant for the sums hereby 
appropriated out of any money in the treasury not otherwise 
appropriated. 

13 Certain Unclassified Salaries. Amend RSA 94:l-a (supp) 
as inserted by 1969, 500:12, as amended, by striking out the 
lines: 



398 House Journal, 2Apr74 

Assistant Superintendent, 

New Hampshire Hospital 23,000 27,000 
Assistant Superintendent for 

Professional Services 29,000 32,000 

Board of taxation, members (3) 15,372 17,294 

Commissioner of revenue administration 20,301 25,400 

Deputy warden, state prison 13,158 16,486 
Executive director. New Hampshire 

transportation authority 17,000 18,000 
Executive director, New Hampshire 

housing commission 15,000 17,500 

Senior physician /psychiatrist 24,000 28,000 
Superintendent, New Hampshire 

Hospital 30,000 32,500 

Unit director. New Hampshire Hospital 26,000 30,000 

Warden, state prison 20,485 22,484 

and inserting in place thereof the following: 

Assistant superintendent. 

New Hampshire Hospital 23,957 28,123 
Assistant superintendent for 

professional services 30,206 33,331 

Board of taxation, members (3) 16,011 18,013 

Commissioner of revenue administration 21,146 26,457 

Deputy warden, state prison 13,705 17,172 
Executive director, New Hampshire 

transportation authority 17,707 18,749 
Executive director, New Hampshire 

housing commission 15,624 18,228 

Senior physician /psychiatrist 24,998 29,165 

Superintendent, New Hampshire Hospital 31,248 33,852 

Unit director. New Hampshire Hospital 27,082 31,248 

Warden, state prison 21,337 23,419 

14 Payments from Salary Adjustment Fund. For the bien- 
nium ending June 30, 1975, funds necessary for the implemen- 
tation of sections 10 and 12 of this act shall be a charge against 
the salary adjustment fund, RSA 99:4. 

15 Effective Date. This act shall take effect June 21, 1974. 

Sen. Trowbridge 

Sen. Green 

Sen. Provost 

Conferees on the Part of the Senate 



House Journal, 2Apr74 399 

Rep. McLane 

Rep. Gallen 

Rep. Weeks 

Rep. William F. Kidder 

Rep. Belcourt 

Conferees on the Part of the House 

Rep. McLane explained the amendment. 

(discussion) 

Committee of Conference report adopted. 

SENATE MESSAGES 

ADOPTION COMMITTEE OF 
CONFERENCE REPORT 

SB 10, establishing a sire stakes program and a standard- 
bred breeders and owners development agency. 

HB 11, to increase the salaries of state classified employees 
and employees of the university system and providing differen- 
tial pay to classified prison employees and correctional psychi- 
atric aides at the New Hampshire Hospital and making appro- 
priations therefor. 

AFTER RECESS 
COMMITTEE OF CONFERENCE REPORT 

SB 9, legalizing special town meetings in Wilmot and Pitts- 
field; and the Seabrook School District meeting. 

(Printed SJ April 2) 

Committee of Conference report adopted. 

SENATE MESSAGE 
DISCHARGE COMMITTEE OF CONFERENCE 
HB 5, relative to the office of energy administrator. 

The President appointed as new members Sens. Poulsen, 
Stephen W. Smith and Sanborn. 

CHANGE HOUSE CONFEREES 

Reps. Plourde and Duhaime replacing Reps. Cushman and 
Hildreth on HB 5. 



400 House Journal, 2Apr74 

UNANIMOUS CONSENT 

Reps. Elmer L. Johnson and Daniel J. Healy addressed 
the House by unanimous consent. 

HB 30, relative to the civil commitment procedures in the 
probate courts and detention and discharge procedures for the 
mentally ill. 

COMMITTEE OF CONFERENCE REPORTS 

The committee of conference to which was referred HB 
30, 'An Act relative to the civil commitment procedures in 
the probate courts and detention and discharge procedures 
for the mentally ill', having considered the same, report the 
same with the following recommendations: 

That the Senate recede from its position in adopting its 
amendment to the bill, and 

That the Senate and House each adopt the following new 
amendment to the bill and pass the bill as so amended: 

Amend the bill by striking out section 6 and inserting in 
place thereof the following: 

6 Authorization of Clerical Expenses. Amend 1973, 556:8 
by striking out said section and inserting in place thereof the 
following: 

556:8 Appropriation. The sum of one hundred thousand 
dollars is appropriated to the department of health and wel- 
fare, division of mental health for the biennium ending June 
30, 1975 to provide for the probate court hearings as provided 
in RSA 135-B, as inserted by section 1 of this act, and as pro- 
vided in section 7 of this act. The per diem compensation of 
probate court judges and attorneys, who represent indigent 
patients or indigent persons sought to be admitted, the costs 
to the state and to indigent persons of transcripts or recordings 
of hearings, the cost of witness fees for indigent patients or in- 
digent persons sought to be admitted, the costs of an examina- 
tion of indigent persons by a psychiatrist prior to a hearing for 
involuntary admission, the costs of clerical expenses incurred by 
the registers of probate, plus other expenses incidental to such 
hearings, shall be a charge upon the funds hereby appropriated. 
An attorney for a legal services corporation organized under 
RSA 292: 1-a who represents an indigent patient or indigent 
person sought to be admitted shall be entitled to the per diem 



House Journal, 2Apr74 401 

compensation hereinbefore provided, but no such attorney 
may receive more than one hundred fifty dollars per case ex- 
cept upon special application to, and approval by, the probate 
court. The attorney general is authorized to employ one or 
more consultants to represent the state in accordance with the 
provisions of this act and the register of probate of Merrimack 
County is authorized to employ an assistant to handle the 
additional work attributable to the provisions of this act which 
shall be a charge upon the funds herein appropriated to the 
division of mental health. The governor is authorized to draw 
his warrant for the sums hereby appropriated out of any money 
in the treasury not otherwise appropriated. 

Amend RSA 548:I4-b as inserted by section 7 of the bill 
by striking out said section and inserting in place thereof the 
following: 

548:14-b Merrimack County. The Merrimack county reg- 
ister of probate may employ and deputize an assistant for a 
specific assignment. Such assistant shall not be subject to the 
provisions of RSA 548:20 or RSA 94: 1. 

Amend the bill by striking out section 8 and inserting in 
place thereof the following: 

8 Legal Counsel for Indigents. Amend RSA 135-B:6 
(supp) as inserted by 1973, 556:1 by striking out said section 

and inserting in place thereof the following: 

135-B:6 Legal Services; Payment; Appointment. The pa- 
tient or person sought to be admitted shall pay the costs of the 
legal services rendered in connection with hearings held pur- 
suant to this chapter. If the patient or person sought to be ad- 
mitted is not able to pay for counsel, the court shall immediate- 
ly appoint either a member of New Hampshire Legal Assis- 
tance, or its successor organization, or another attorney who 
shall be compensated for his services at the same rate as ap- 
p>ointed counsel in a criminal case heard before the superior 
court. 

9 Effective Date. This act shall take effect upon its pas- 



sage. 



Sen. Porter 

Sen. Jacobson 

Sen. Bossie 

Conferees on the Part of the Senate 



402 House Journal, 2Apr74 

Rep. George B. Roberts, Jr. 

Rep. Nighswander 

Rep. McManus 

Rep. Bednar 

Rep. Dudley 

Conferees on the Part of the House 

Rep. George B. Roberts, Jr. explained the committee of 
conference report. 

Committee of Conference report adopted. 



SB 23, relative to the membership of municipal planning 
boards and providing for the creation of cooperative regional 
planning commissions. 

(Printed SJ April 2) 

Rep. Hanson explained the committee of conference re- 
port. 

(discussion) 
Committee of conference report adopted. 

SENATE MESSAGE 

ADOPTION COMMITTEE OF CONFERENCE 
REPORTS 

HB 30, relative to the civil commitment procedures in the 
probate courts and detention and discharge procedures for the 
mentally ill. 

SB 9, An Act legalizing: certain special town meetings in 
Wilmot, Pittsfield, and Salem; 1974 annual town meetings in 
Rye, New Castle, Exeter, Salisbury and Brentwood; the Sea- 
brook and Gilford school district meetings; the special Hamp- 
ton Falls school district meeting; the Warner village fire dis- 
trict proceedings; the February 19, 1974 postings of March 5, 
1974 town and school meetings; and a special town meeting and 
the 1974 annual town meeting in Enfield. 

RECESS 



House Journal, 2Apr74 403 

AFTER RECESS 

ENROLLED BILLS REPORT 

HB 4, providing supplemental grants to families with de- 
pendent children and making an appropriation therefor and 
authorizing consolidated grant standards for categorical assis- 
tance excluding shelter. 

HB 18, requiring local option for siting of oil refineries. 

HB 35, providing for twenty years retirement for mem- 
bers of group II under the New Hampshire Retirement Sys- 
tem, permitting the transfer of members of the New Hamp- 
shire Firemen's Retirement System and of the New Hampshire 
Policemen's Retirement System into the New Hampshire Re- 
tirement System and making an appropriation therefor. 

HB 29, relative to tuition payments for handicapped chil- 
dren; amending the appropriation for same; defining a handi- 
capped child as a person up to the age of twenty-one; and pro- 
viding for educational and other expenses in public institu- 
tions. 

HB 2, making appropriations for capital improvements. 

HB 34, relative to energy facility evaluation, siting, con- 
struction and operations; providing for a tax on refined petro- 
leum products; and establishing an energy facility study com- 
mittee. 

HB 1, making supplemental appropriations for expenses 
of certain departments of the state for the fiscal years ending 
June 30, 1974 and June 30, 1975 and making other budgetary 
changes. 

Maurice W. Read 
For The Committee 



SENATE MESSAGE 

ADOPTION COMMITTEE OF CONFERENCE 
REPORT 

SB 23, relative to the membership of niuiiicipal plainiing 
boards and providing for the creation of cooperative regional 
planning commissions. 



404 House Journal, 2Apr74 

Rep. Arthur F. Mann moved that the committee of con- 
ference on HB 5, relative to the office of energy administrator, 
be discharged and a new committee of conference be estab- 
lished. 

Adopted. 

The Speaker appointed Reps. Arthur F. Mann, Harry C. 
Parker, Hager, Roderick H. O'Connor and Joseph I.. Cote. 

COMMITTEE OF CONFERENCE 
CONFEREE CHANGE 

HB 5, relative to the office of energy administrator. Rep. 
Altman replacing Rep. Joseph L. Cote. 

COMMITTEE OF CONFERENCE 
CONFEREE CHANGE 

SB 27, to better protect the safety of New Hampshire citi- 
zens and law enforcement officers by changing penalties for 
homicide in certain circumstances, Rep. Paul McEachern re- 
placing Rep. Hildreth. 

Rep. Arthur F. Mann moved that the committee of con- 
ference on HB 5, relative to the office of energy administrator, 
be discharged and a new committee of conference established. 

Rep. George E. Gordon spoke in favor of the motion. 

(discussion) 

Reps. Plourde, Sayer and Curran spoke in favor of the mo- 
tion. 

At the request of Rep. Kenneth W. Spalding, Rep. Cur- 
ran answered questions. 

Rep. Daniell spoke against the motion. 

Reps. Stevenson and Sununu spoke in favor of the motion. 

Rep. George E. Gordon spoke a second time in favor of 
the motion. 

A division was requested and subsequently withdrawn. 

Motion adopted. 



House Journal, 2Apr74 405 

The Speaker appointed Reps. Chase, Hager, Daniels, Alt- 
man and Plourde. 

RECESS 

AFTER RECESS 

ENROLLED BILLS AMENDMENT 

HB 11, to increase the salaries of classified employees and 
employees of the university system and the New Hampshire 
Network and providing differential pay to classified prison em- 
ployees and correctional psychiatric aides and providing nurses' 
reclassification at the New Hampshire Hospital and Laconia 
State School and making appropriation therefor. 

Amend section 14 of said bill by striking out the same and 
inserting in place thereof the following: 

14 Deficiency Payments from Salary Adjustment Fund. In 
the event the appropriations made by sections 10 or 12 or both 
are not sufficient for the purposes appropriated, any balance 
needed to fully implement the provisions of RSA 99:10 and 11 
shall be a charge against the salary adjustment fund established 
by RSA 99:4 and said balance is hereby appropriated. 

The clerk read the amendment in full. 

Adopted. 

RECESS 

ENROLLED BILLS REPORT 

HB 33, relative to the Winnipesaukee River Basin Con- 
trol; and providing for continuation of the study committee 
on water supply and pollution control commission. 

SB 17, relative to the New Hampshire Port Authority, the 
construction of fishing facilities at Portsmouth, Hampton and 
Rye harbors, and the location of marine science docking and 
related facilities for the university of New Hampshire and mak- 
ing an appropriation therefor. 

SB 10, establishing a sire stakes program and a standard- 
bred breeders and owners development agency, and making an 
appropriation therefor. 



406 House Journal, 2Apr74 

SB 9, legalizing: certain special town meetings in Wil- 
mot, Pittsfield, Enfield, Salisbury, and Salem: 1974; annual 
town meetings in Rye, New Castle, Exeter, Salisbury, Enfield, 
Brentwood, Chester and Bethlehem; the Seabrook, Gilford 
and Haverhill school district meetings; the special Hampton 
Falls school district meeting; the Warner village fire district 
proceedings; and the February 19, 1974 postings of March 5, 
1974 town and school meetings. 

SB 23, relative to the membership of municipal planning 
boards, conservation commissions and historic district com- 
missions. 

HB 31, authorizing the public utilities commission to ac- 
quire, as agent of the state, such railroad properties within the 
state deemed to be necessary for continued and future railroad 
operation for the benefit of the public and authorizing bond- 
ing therefor; provided that if the 1975 General Court by vote 
of both houses prior to March 13, 1975 evidences its approval 
the foregoing authority shall on that date be transferred to the 
New Hampshire irarisportation authority and the public utili- 
ties commission's authority shall be terminated. 

HB 30, relative to the civil commitment procedures in the 
probate courts and detention and discharge procedures for the 
mentally ill. 

HB 11, to increase the salaries of classified employees and 
employees of the university system and the New Hampshire 
Network and providing differential pay to classified prison em- 
ployees and correctional psychiatric aides and providing nurses' 
reclassification at the New Hampshire Hospital and Laconia 
State School and making appropriations therefor. 

Maurice M. Read 
For The Committee 



AFTER RECESS 

Rep. Chase explained the committee of conference report 
on HB 5, relative to the office of energy administrator. 

Rep. Daniell moved that the Committee of Conference on 
HB 5 be discharged and spoke in favor of the motion. 

(discussion) 
Adopted. 



House Journal, 2Apr74 407 

COMMITTEE OF CONFERENCE REPORT 

The committee of conference to which was referred HB 
24, 'An Act permitting the use of changeable effective date 
designations, such as decals, on all motor vehicle and boat 
registration plates; authorizing the governor and council to 
establish temporary speed laws; exempting certain functions 
relative to motor vehicles and highways from the provisions of 
the administrative procedures act; and exempting the depart- 
ment of fish and game from procedural requirements of their 
rule making under Title XVIII, until June 30, 1975.', having 
considered the same report the same with the following recom- 
mendation: 

That the Senate recede from its position in adopting its 
amendment to the bill, and 

That the Senate and House each adopt the following new 
amendment to the bill and pass the bill as so amended. 

Amend the bill by striking out section 1 1 and inserting in 
place thereof the following: 

1 1 Replacement Plates. Amend RSA 260 by inserting after 
section 9 the following new section: 

260:9-a Replacement of Motor Vehicle Plates. In the event 
the director of motor vehicles issues changeable effective date 
designations, and one or both number plates previously issued 
to the registered owners, including initial number plates and 
other special plates, have become damaged, mutilated, illegible 
or lost, said registered owner may apply in writing to the di- 
rector for either one or two replacement plates, alleging that 
said plate or plates are damaged, mutilated, illegible or lost, 
and if the director finds that the allegation is true, the director 
shall issue without charge either one or two replacement plates. 
An application for one or two replacement plates, under this 
section, shall be considered only once each registration year 
and only during the period of years that changeable date desig- 
nations are utilized, in all other cases plate replacement shall 
be made pursuant to RSA 263:4. 

Further amend the bill by striking out all after section 13 

and inserting in place thereof the following: 

14 Exemption for Town Permit. Amend RSA 260:28 
(supp) , as amended, by striking out said section and inserting 
in place thereof the following: 



408 House Journal, 2Apr74 

260:28 Exemption of Amputee and Other Disabled Vet- 
erans. No fee shall be charged for permit to register a motor 
vehicle owned by a veteran of world wars I or II, the Korean 
conflict, or the Vietnam conflict who because of being an ampu- 
tee, paraplegic or having suffered loss or use of a limb from a 
service connected cause, as certified by the United States vet- 
erans administration, has received said motor vehicle from the 
United States government or cash settlement in lieu thereof; 
or because of a disability incurred in, or aggravated by such 
service, and upon satisfactory proof that the veteran is evalu- 
ated by the United States veterans administration to be totally 
and permanently disabled from such service connected dis- 
ability. 

15 Exemption for State Registration Fee. Amend RSA 
262: 1, XIII (supp) , as amended, by striking out said paragraph 
and inserting in place thereof the following: 

XIII. No fee shall be charged for registering a motor ve- 
hicle owned by a veteran of world wars I or II, the Korean 
conflict, or the Vietnam conflict who, because of being an am- 
putee, paraplegic or having suffered loss or use of a limb from 
a service connected cause, as certified by the United States vet- 
erans administration, has received said motor vehicle from the 
United States government, or cash settlement in lieu thereof, 
and no fee shall be charged for registering a motor vehicle with 
special equipment which said amputee, paraplegic or disabled 
veteran may acquire to replace one received from the United 
States government. The provisions of this paragraph shall ap- 
ply to a veteran who, because of a disability incurred in, or 
aggravated by such service, and upon satisfactory proof that the 
veteran is evaluated by the United States veterans administra- 
tion to be permanently and totally disabled from such service 
connected disability. 

16 Exemption from Operator's License Fee. Amend RSA 
262:11, IV (supp) , as amended, by striking out said paragraph 
and inserting in place thereof the following: 

IV. No fee shall be charged for an operator's license issued 
to a disabled veteran who because of being an amputee or a 
paraplegic, has received a motor vehicle from the United States 
government. The provisions of this paragraph shall apply to 



House Journal, 2Apr74 409 

a veteran who, because of a disability incurred in, or aggra- 
vated by such service, and upon satisfactory proof that the 
veteran is evaluated by the United States veterans administra- 
tion to be permanently and totally disabled from such service 
connected disability. 

17 Free Parking Privilege. Amend RSA 249:4 (supp) , 
as amended, by striking out said section and inserting in place 
thereof the following: 

249:4 Free Parking. Any motor vehicle carrying special 
license plates issued to paraplegic, amputee or blind war vet- 
erans pursuant to RSA 260:17 and RSA 260:18, and any motor 
vehicle used for a purpose, or by a person, designated by a city 
council or town meeting, shall be allowed free parking time 
in any city or town so long as said motor vehicle is under the 
direct control of the owner. The provisions of this section shall 
apply to a veteran who, because of a disability incurred in, or 
aggravated by such service, and upon satisfactory proof that 
veteran is evaluated by the United States veterans administra- 
tion to be permanently and totally disabled from such service 
connected disability. 

18 Special License Plates. Amend RSA 260:17 (supp), as 
amended, by striking out said section and inserting in place 
thereof the following: 

260:17 Special License Plates for Motor Vehicles for Am- 
putee, Paraplegic and Totally Disabled Veterans. The director 
shall furnish without charge for one motor vehicle owned by 
a veteran who because of being an amputee, or paraplegic, has 
received said motor vehicle from the United States govern- 
ment or whose vehicle is to replace one so received, or who 
is evaluated by the United States veterans administration to 
be permanently and totally disabled from such service con- 
nected disability, a special license plate. The director shall 
determine the form, shape and color of said special license plate 
and shall also determine the information to be contained there- 
on. 

19 Effective Date. 

L Sections 1, 2, 3, 4, 9, 10, 12, 13, 14, 15, 16, 17 and 18 
of this act shall take effect on passage. 



410 House Journal, 2Apr74 

II. Section 5, 6, 7, 8 and 11 of this act shall take effect 
January 1, 1975. 

Sen. Porter 

Sen. McLaughlin 

Sen. Roger A. Smith 

Conferees on the Part of the Senate 

Rep. Hamel 

Rep. Conley 

Rep. Akerman 

Rep. Duhaime 

Rep. D'Amante 

Conferees on the Part of the House 

Rep. Hamel explained the committee of conference report. 

Committee of Conference Report Adopted. 

QUORUM COUNT 

Rep. Nighswander requested a quorum count. 

287 members having answered, a quorum was declared 
present. 

COMMITTEE OF CONFERENCE REPORT 

SB 27, to better protect the safety of New Hampshire citi- 
zens and law enforcement officers by changing penalties for 
homicide in certain circumstances. 

(Printed SJ April 2) 

Rep. Twigg explained the committee of conference report. 

At the request of Rep. Spirou, Rep. Currier ans^vered ques- 
tions. 

Rep. Bergeron non-spoke against committee of conference 
report on SB 27. 

A division was requested. 

It being manifestly in the affirmative, the Committee of 
Conference Report on SB 27 was adopted. 

Rep. Parr v;ished to be recorded in favor of SB 27. 

Reps. Leonard Smith, Underwood, Dudley, Hildreth, and 
Chambers wished to be recorded against SB 27. 



House Journal, 2Apr74 411 

SENATE MESSAGE 

ADOPTION COMMITTEE OF CONFERENCE 

REPORTS 

SB 27, to better protect the safety of New Hampshire citi- 
zens and law enforcement officers by changing penalties for 
homicide in certain circumstances. 

HB 24, permitting the use of changeable effective date 
designations, such as decals, on all motor vehicle and boat regis- 
tration plates; authorizing the governor and council to estab- 
lish temporary speed laws; exempting certain functions relative 
to motor vehicle and highways from the provisions of the ad- 
ministrative procedures act; and exempting the department of 
fish and game from procedural requirements of their rule mak- 
ing under Title XVIII, until June 30, 1975. 



COMMITTEE OF CONFERENCE REPORT 

SB 2, to provide fairer real estate taxes for the elderly 
through a partial exemption from real estate taxes for persons 
sixty-five years of age or older, under certain circumstances, 
and compensating cities and towns for consequent loss of tax 
base and making an appropriation therefor, and making certain 
revisions in the homeowners' exemption law. 

(Printed SJ April 2) 

Rep. Sayer explained the committee of conference report. 

(Rep. Chase in the Chair) 

(discussion) 

Reps. Read and Sununu spoke in favor of the committee 
of conference report. 

(Speaker in the Chair) 

Reps. Splaine, George E. Gordon and Paul McEachern 
spoke against the committee of conference report. 

Rep. Albert C. Jones spoke in favor of the committee of 
conference report. 

Reps. Harvell, George I. Wiggins, Gerry F. Parker and 
Hall non-spoke in favor of the committee of conference report. 



412 House Journal, 2Apr74 

Rep. Belair spoke in favor of the committee of conference 
report. 

Rep. George E. Gordon requested a roll call. 

Seconded by Reps. Harrison, Splaine, DeCesare, Elizabeth 
E. Goff, Hodgdon, Palfrey, Connors and Webb. 

ROLL CALL 

YEAS: 206 NAYS: 83 

YEAS 

Merrimack County: 

Kidder, William F., Thompson, Arthur E., Bigelow, Jones, 
Donald P., Parker, Harry C, Deoss, Hanson, Boucher, Laurent 
J., Rice, Goff, John B., Bartlett, Perkins, John B., Cushman, 
Thompson, Doris L., Humphrey, James A., Gate, Andersen, 
Chris K., Davis, Alice, McLane, Newell, Jones, H. Gwendolyn, 
Rich, Underwood, Wilson, Ralph W., Woodward, Hager, 
Noble. 

Rockingham County: 

King, Stimmell, Benton, Boucher, William P., Kashulines, 
Skinner, Soule, Thibeault, George J., Barka, Gibbons, Gorman, 
Read, Senter, Belair, Campbell, Lemay, Roy, Vesta M., Sayer, 
Southwick, Sununu, Spollett, Webster, Clarence L., Cummings, 
Erler, Goodrich, Hoar, Sanborn, Schwaner, Simard, Tavitian, 
Rogers, Hamel, Akerman, Parr, Smith, Tony, Junkins, Page, 
Stevens, Elliot A., Ellis, Greene, Hammond, Lockhart. 

Strafford County: 

Tirrell, Joncas, Maloomian, Chasse, Peter N., Tanner, 
Tibbetts, Thompson, Barbara C, Winkley, Preston, Tripp, 
Leighton, Bernard, Donnelly, Kincaid, Parnagian, Rowell. 

Sullivan County: 

Townsend, Sara M., Barrus, Spaulding, Roma A., Tucker, 
Burrows, D'Amante, Lewko, Frizzell, Olden, Wiggins, George I. 

Belknap County: 

Lawton, Matheson, Wuelper, Bowler, Roberts, George B., 
Twigg, Pierce, Maguire, Murray, James W. 

Carroll County: 

Conley, Chase, Claflin. 



House Journal, 2Apr74 413 

Cheshire County: 

Johnson, Edward A., Johnson, Ehner L., Ladd, Whipple, 
Savage, Forcier, Gordon, Anne B., Milbank, Turner, Streeter, 
Cooke, Close, Nims, Drew, Scranton. 

Coos County: 

Hunt, Burns, Kidder, Victor L., Oleson, Valliere. 

Grafton County: 

Curran, Gallen, Fimlaid, Bradley, Richard L., Jones, An- 
thony K., Mann, Ezra B., Altman, Jones, Albert C, Warren, 
Roger K., Buckman, Harrison, Bell, Krainak, Bradley, David J., 
Chambers, Copenhaver, Nutt, Duhaime, Eaton, Myrl R., Sy- 
mons, Townsend, Madeline G. 

Hillsborough County: 

Humphrey, Howard S., Withington, Eaton, Clyde S., 
Heald, Philip C, Warren, E. George, Colburn, Archambault; 
Orcutt, Knight, Roy, Antonio J., Perkins, Arnold B., Harvell, 
Nelson, Van Loan, Bragdon, Coburn, Ferguson, Langdell, Boyd, 
Hall, Carswell, Dwyer, Geiger, Bergeron, Smith, Leonard A., 
Currier, Seamans, Ethier, McLaughlin, Cobleigh, Parker, Gerry 
F., Record, Zechel, Tropea, Woodruff, Cote, Margaret S., Ga- 
briel, Lefebvre, McGlynn, Boisvert, Mason, Daniels, Milne, 
Zachos, Nardi, Cullity, Healy, Daniel J., McDonough, Clancy, 
Drewniak, Sullivan, Mary J., MacDonald, O'Neil, Dorthea M., 
Thibeault, P. Robert, Burke, Grady, O'Connor, Timothy K., 
Gillmore. 

NAYS 

Merrimack County: 

Chandler, Enright, Gamache, Gordon, George E., Plourde, 
Kopperl, Mattice, Wiggin, Elmer S., Daniell. 

Rockingham County: 

Davis, Roy W., Wilson, Helen F., MacGregor, DeCesare, 
Goff, Elizabeth E., Brown, Benjamin A., CoUishaw, Eastman, 
Twardus, Scamman, Wolfsen, Maynard, Palfrey, Splaine, Dame, 
McEachern, Joseph A., Connors, Hodgdon, McEachern, Paul. 

Strafford County: 

Dawson, Harvey, Colby, Dudley, Bouchard, Ruel, O'Con- 
nor, Roderick H., McManus. 



414 House Journal, 2Apr74 

Sullivan County: 

Rousseau, Brodeur, Scott. 

Belknap County: 

French, Marsh, Nighswander, Hood, Hildreth, Randlett, 
Sabbow. 

Carroll County: 

Howard, Donalda K., Davis, Dorothy W., Allen, Webster, 
T. Anne. 

Cheshire County: 

Stevens, Anthony, Marshala. 

Coos County: 

Huggins, Metcalf, Bushey, Fortier, Pryor, Brungot, Gag- 
non, Rebecca, Theriault. 

Grafton County: 

Stevenson, Clark, Anderson, Fayne E., Webb. 

Hillsborough County: 

Eaton, Joseph M., Mann, Arthur F., Murray, Fred E., 
Thomson, Harold E., Spalding, Kenneth W., Lyons, Alukonis, 
Bednar, Rock, Coutermarsh, Erickson, Lebel, Murphy, Spirou, 
Bruton, Gardner, Taber, Sweeney, Normand. 

and Committee of Conference Report on SB 2 was adopted. 

SENATE MESSAGE 

ADOPTION COMMITTEE OF CONFERENCE 
REPORT 

SB 2, to provide fairer real estate taxes for the elderly 
through a partial exemption from real estate taxes for persons 
sixty-five years of age or older, under certain circumstances, and 
compensating cities and towns for consequent loss of tax base 
and making an appropriation therefor, and making certain re- 
visions in the homeowners' exemption law. 

On motion of Rep. Chase the House recessed until 11:00 
a.m. tomorrow. 

AFTER RECESS 



House Journal, 2Apr74 415 

ENROLLED BILLS REPORT 

HB 24, permitting the use of changeable effective date des- 
ignations, such as decals, on all motor vehicle and boat registra- 
tion plates; authorizing the governor and council to establish 
temporary speed laws; exempting certain functions relative to 
motor vehicle and highways from the provisions of the admin- 
istrative procedures act; and exempting the department of fish 
and game from procedural requirements of their rule making 
under Title XVIII, until June 30, 1975; and providing certain 
free motor vehicle privileges to disabled veterans. 

SB 27, to better protect the safety of New Hampshire citi- 
zens and law enforcement officers by changing penalties for 
homicide in certain circumstances. 

SB 2, to provide fairer real estate taxes for the elderly 
through a partial exemption from real estate taxes for persons 
sixty-five years of age or older, luider certain circumstances, 
and compensating cities and towns for consequent loss of tax 
base and making an appropriation therefor, and making certain 
revisions in the homeowners' exemption law. 

Maurice W. Read 
For the Committee 

COMMUNICATIONS 

To the Honorable Members of the 
New Hampshire General Court 

I have allowed House Bill 37, a bill to repeal the prohibi- 
tion against hitchhiking and soliciting of rides on some high- 
ways in the state, to become law without my signature. 

Some 42 Representatives petitioned me to veto the bill. 
A number of Legislators spoke to me personally, urging a veto. 
Several la^v enforcement officials also asked me to veto it. 

House Bill 37 and its predecessor in the regular session, 
both sponsored by Representative Gerry Parker, have had a 
strange legislative history. 

In the regular session a bill to repeal RSA 262-A:38, the 
hitchhiking statute, passed both houses of the Legislature with 
little difficulty. 



416 House Journal, 2Apr74 

Thereafter the bill which should have gone to the Gov- 
ernor for his action mysteriously disappeared. Although passed 
by the Legislature it never arrived at the Governor's office. 

Some months later it was miraculously discovered in a desk 
drawer. 

The subject matter was reintroduced in the special session 
as House Bill 37. This was done only ^vith the approval of the 
powerful Rules Committee. 

There was a public hearing on the bill at which no legisla- 
tor spoke against it. Only one law enforcement official and one 
state official appeared against the bill. 

It literally sailed through both houses for a second time. 

Now when it has reached the Governor's desk, I am sud- 
denly urged to veto it by voices of opposition strangely silent 
until this moment. 

Actually, I think this is a poor law. Instead of repealing 
our hitchhiking statute I believe its scope should be widened 
and its effect strengthened. 

Hitchhikers have been stopped by the police on more than 
one occasion and found carrying drugs. 

Homosexuals are known to have an eye on the make for 
hitchhikers. 

Hitchhiking can and frequently is fraught with danger for 
both hiker and driver. It definitely should be discouraged. But 
it never will be if a bill to repeal the prohibition against hitch- 
hiking can with ease negotate the perilous legislative obstacle 
course. 

A veto would not in this case solve the problem. Only a 
seriously aroused public can do that by means of an effective 
educational program. 

If hitchhiking is inherently dangerous, as I believe it to be, 
then we should enact a sound, comprehensive hitchhike law. I 
am prepared to join forces with all law enforcement branches to 
achieve such a goal. 

But veto of a bill twice passed with only minor opposition 
is not the way to a good hitchhike law. 

Meldrim Thomson, Jr. 



House Journal, 2Apr74 417 

To the Honorable Members of the 
New Hampshire General Court 

With genuine concern I approve Senate Bill 3. In the 
regular session I vetoed similar legislation. 

This bill provides for a 40 hour work week for law enforce- 
ment employees and adds to their annual salary compensation 
equivalent to 8 hours per week or 416 hours per year. 

It applies to liquor investigators, safety inspectors, motor 
vehicle investigators, probation officers and all law enforcement 
employees of the Department of Resources and Economic De- 
velopment. 

It will cost the taxpayers of our State an extra $68,081 per 
year. 

A similar bill passed in the regular session received my veto 
because it represented special legislation for a small group of 
recipients. I believe that this kind of legislation should include 
all state employees, not just a select few. 

Since taking office I have pleaded with the Legislature to 
adopt uniform legislation providing time and a half for all state 
employees who work 40 hours or more. 

Twice in this special session I asked, through my aides, that 
the Senate consider holiday pay for conservation officers and yet 
no provision was made for this very worthy segment of our law 
enforcement arm in the State. 

When I called the Legislature into special session it was to 
take care of a few important emergency matters. This bill does 
not fall into the category of urgent or emergency legislation. It 
is unfortunate indeed to add $68,000 a year to the tax burden 
carried by our people and then provide only for a small segment 
of those state employees who deserve time and a half pay when 
working over 40 hours. 

This is piecemeal and pressure legislation. It is unfortunate 
to enact it and leave undone what should be done for all em- 
ployees. 

I sincerely hope that at the next session the Legislature will 
exhibit that statesmanship that from time to time flashes bright- 
ly across the oft dull pages of its journals; and correct the great 



418 House Journal, 2Apr74 

inequity that exists for all state employees who are not yet paid 

time and a half for all time over 40 hours per week. 

Meldrim Thomson, Jr. 



To the Honorable Members of the 
New Hampshire General Court 

I have signed with pleasure House Bill 21, which provides 
that the State Department of Education may designate and 
review the standards of non-public schools which will receive 
state funds. 

Never again will the State have to go through the torment 
of being unable to deal adequately with situations such as the 
Rivendell School in Loudon in which State money was pay- 
ing for pupils in the school but the State had no authority to 
approve or disapprove its educational program. 

House Bill 21 also provides for a chancellor to be appointed 
to supervise the University system. It will provide a more co- 
ordinated approach to our three-campus University network at 
Keene, Plymouth and Durham. This will allow the University 
presidents to devote their full time to maintaining good educa- 
tional standards and administration at their respective campuses, 
while the chancellor will be able to foster cooperation and co- 
ordination so badly needed in this time of spiraling education 
costs. 

Meldrim Thomson, Jr. 



To the Honorable Members of the 
New Hampshire General Court 

I am happy to sign SB 26 which provides for retirement 
benefits for Supreme Court Justices and Superior Court Judges. 

Shortly after I assumed office I appointed a Governor's 
Commission on Court System Improvement under the chair- 
manship of Superior Court Judge Maurice Bois. 

The Commission has worked conscientiously on an in- 
depth review of the judicial system of New Hampshire. This 
bill is the first concrete result of the extensive study of the 
Governor's Commission. 



House Journal, 2Apr74 419 

While the Commission has not completed its review of the 
judicial system in its entirety it felt that there was a real need 
to provide a retirement system for Supreme Court Justices and 
Superior Court Judges. 

Without a responsible retirement system for our judiciary 
it will become more and more difficult to attract outstanding 
lawyers to serve the citizens of this state as judges. 

Senate Bill 26 is a constructive piece of legislation that 
will provide that after age 70 a judge will receive 3^ of his 
salary and that in the event of his death, that his widow and 
family will receive 1/4 of his annual salary. 

I especially commend the Governor's Commission on 
Court System Improvement for its continuing efforts towards 
modernizing our judiciary in New Hampshire. 

Meldrim Thomson, Jr. 



To the Honorable Members of the 
New Hampshire General Court 

I am happy to sign Senate Bill 12 and thus improve the 
condition of the approximate 20,000 persons who own mobile 
homes. With this legislation it should be clear that New Hamp- 
shire accepts mobile homes as an intregal part of the housing 
facilities for our people. 

In its original form as proposed by Senator Nixon, Senate 
Bill 12 provided that the Attorney General become involved in 
the drafting, approval and enforcement of regulations effective 
in mobile home parks. This proposition was deemed unaccep- 
table by the Attorney General and by tenant and parkowner 
spokesmen alike. The bill was then completely changed and in 
its new form marks a significant step forward in this important 
aspect of New Hampshire's housing market. 

In its totally amended form it adjusts the mobile home- 
owner's "bill of rights" so-called, by requiring park owners to 
plainly post the law and all of their regulations, which under 
the present law must be reasonable. The new bill strengthens 
the rules protecting tenants while restoring incentives for the 
development of good mobile home parks to meet the housing 
needs of our citizens. 



420 House Journal, 2Apr74 

The combined support of tenants and park owners is espe- 
cially gratifying since it marks a new era of mutual progress 
towards better housing for the people of New Hampshire. 

Meldrim Thomson, Jr. 

RECESS 

House Clerk's Office 

PROCEDURES FOR BILL HANDLING 
FOLLOWING FINAL ACTION 

1. Final action by both bodies. 

2. Presented to Secretary of State for enrolling. 

3. From Secretary of State to Office of Legislative Services 
for enrolling process. 

4. Following technical process bill is returned to Secretary of 
State. 

5. Secretary of State prepares report for the committee on 
enrolled bills. 

6. If an enrolled bills amendment is required, the Office of 
Legislative Services prepares the enrolled bills amendment 
and report. After both houses have adopted the amendment 
the bill is returned to the Office of Legislative Services for 
final enrolling process. After process is completed, bill is 
returned to Secretary of State for the preparation of the 
report of the enrolled bills committee. 

7. In the case of an enrolled bills report, a member of the 
committee in each house signs the report for his respective 
house. 

8. In all cases the reports are distributed simultaneously. In 
the event of an enrolled bills amendment, the joint com- 
mittee on enrolled bills offers the enrolled bills amendment 
to the last house to have possession for adoption and then 
to the second house for adoption. 

9. Both houses must adopt the enrolled bills committee re- 
port. 



House Journal, 2Apr74 421 

10. After each house has adopted the enrolled bills report the 
clerk of each house notifies the Secretary of State. 

11. The Secretary of State shall present the bill to the clerks of 
each house for docketing and to the presiding officers of 
both houses for signature. 

12. Secretary of State presents bill to Governor for action and 
messages the date and time of the presentation to the clerks 
of both houses. 

13. Governor takes action on bill and returns to Secretary of 
State. 

14. Secretary of State messages the date and time of bill's re- 
turn to him and the action by the Governor to the clerks 
of both houses. 

15. The clerks of both houses will cause to be printed in the 
journal the reports sent by the Secretary of State. 

BILLS PRESENTED TO THE GOVERNOR 
ON MARCH 28, 1974 

SB 7, relative to capital improvements to the Mount Wash- 
ington summit and making an appropriation therefor. 

SB 26, providing for retirement benefits for supreme and 
superior court justices. 

SB 31, authorizing the cities of Berlin and Keene to ac- 
quire, develop and operate industrial parks within each such 
city and to aid the construction and expansion of industrial 
facilities within each such city by the issue of revenue bonds. 

SJR 3, establishing a committee to study highway safety 
and motor vehicle weight, length and width requirements. 

BILLS SIGNED BY THE GOVERNOR: 

April 1, 1974 

HB 27, relative to amending certain provisions of the Off 
Highway Recreational Vehicle Law, RSA 269-C. 

HB 32, relative to the commission and taxes on pari-mutuel 
pools at dog tracks. 

BILL ENACTED IN ACCORDANCE WITH ARTICLE 
44, Pt. II OF THE N. H. CONSTITUTION, WITHOUT 
SIGNATURE OF GOVERNOR, April 2, 1974. 



422 House Journal, 2Apr74 

HB 3, relative to establishment of a food stamp program 
and making an appropriation therefor. 



BILLS PRESENTED TO THE GOVERNOR 

April 3, 1974 

HB 1, making supplemental appropriations for expenses 
of certain departments of the state for the fiscal years ending 
June 30, 1974 and June 30, 1975 and making other budgetary 
changes. 

HB 2, making appropriations for capital improvements. 

HB 4, providing supplemental grants to families with de- 
pendent children and making an appropriation therefor and 
authorizing consolidated grant standards for categorical assis- 
tance excluding shelter. 

HB 11, to increase the salaries of classified employees and 
employees of the university system and the New Hampshire 
Network and providing differential pay to classified prison em- 
ployees and correctional psychiatric aides and providing nur- 
ses' reclassification at the New Hampshire Hospital and Laconia 
State School and making appropriations therefor. 

HB 18, requiring local option for siting of oil refineries. 

HB 24, permitting the use of changeable effective date 
designations, such as decals, on all motor vehicle and boat regis- 
tration plates; authorizing the governor and council to establish 
temporary speed laws; exempting certain functions relative to 
motor vehicle and highways from the provisions of the adminis- 
trative procedures act; and exempting the department of fish 
and game from procedural requirements of their rule making 
under Title XVHI, until June 30, 1975; and providing certain 
free motor vehicle privileges to disabled veterans. 

HB 29, relative to tuition payments for handicapped chil- 
dren; amending the appropriation for same; defining a handi- 
capped child as a person up to the age of twenty-one; and pro- 
viding for educational and other expenses in public institutions. 

HB 30, relative to the civil commitment procedures in the 
probate courts and detention and discharge procedures for the 
mentally ill. 



House Journal, 2Apr74 423 

HB 31, authorizing the public utilities commission to ac- 
quire, as agent of the state, such railroad properties within the 
state deemed to be necessary for continued and future railroad 
operation for the benefit of the public and authorizing bond- 
ing therefor; provided that if the 1975 General Court by vote 
of both houses prior to March 13, 1975 evidences its approval 
the foregoing authority shall on that date be transferred to the 
New Hampshire transportation authority and the public utili- 
ties commission's authority shall be terminated. 

HB 33, relative to the Winnipesaukee River Basin Con- 
trol and providing for continuation of the study committee on 
water supply and pollution control commission. 

HB 34, relative to energy facility evaluation, siting, con- 
struction and operations; providing for a tax on refined petrol- 
eum products and establishing an energy facility study com- 
mittee. 

HB 35, providing for twenty years retirement for mem- 
bers of group II under the New Hampshire Retirement Sys- 
tem, permitting the transfer of members of the New Hamp- 
shire Firemen's Retirement System and of the New Hampshire 
Policemen's Retirement System into the New Hampshire Re- 
tirement System and making an appropriation therefor. 

SB 2, to provide fairer real estate taxes for the elderly 
through a partial exemption from real estate taxes for persons 
sixty-five years of age or older, under certain circumstances, 
and compensating cities and towns for consequent loss of tax 
base and making an appropriation therefor, and making cer- 
tain revisions in the homeowners' exemption law. 

SB 9, legalizing certain special town meetings in Wilmot, 
Pittsfield, Enfield, Salisbury, and Salem: 1974 annual town 
meetings in Rye, New Castle, Exeter, Salisbury, Enfield, Brent- 
wood, Chester and Bethlehem; the Seabrook, Gilford and Ha- 
verhill school district meetings; the special Hampton Falls 
school district meeting; the Warner village fire district pro- 
ceedings and the February 19, 1974 postings of March 5, 1974 
town and school meetings. 

SB 10, establishing a sire stakes program and a standard- 
bred breeders and owners development agency, and making an 
appropriation therefor. 



424 House Journal, 1 1 Apr74 

SB 17, relative to the New Hampshire Port Authority, the 
construction of fishing facilities at Portsmouth, Hampton and 
Rye harbors, and the location of marine science docking and 
related facilities for the university of New Hampshire and mak- 
ing an appropriation therefor. 

SB 18, providing additional cost of living increases for re- 
tired members of the N. H. Teacher's Retirement System, the 
N. H. Policemen's Retirement System, the N. H. Firemen's Re- 
tirement System, the N. H. Retirement System and the State 
Employees Retirement System, and making an appropriation 
therefor; providing for compensatory contributions for inter- 
rupted service; and providing for an actuarial study of prefund- 
ing to be paid out of escro^ved funds derived from an interest 
assumption change. 

SB 23, relative to the membership of municipal planning 
boards, conservation commissions and historic district com- 
missions. 

SB 27, to better protect the safety of Neii\^ Hampshire citi- 
zens and law enforcement officers by changing penalties for 
homicide in certain circumstances. 

On motion of Rep. Hanson the House adjourned at 11:55 
a.m. to meet Thursday, April 1 1 at 10:00 a.m. 



Thursday^ llApr74 

The House met at 1 1 :00 o'clock. 

(Deputy Speaker in Chair) 

Prayer was offered by House Chaplain Rev. Joseph Y. 
Beaulieu. 

O Lord our God, on this last day of this Special Session, 
hear our prayers and bless us. May the task accomplished be a 
sign of hope for men and give You fitting praise. 

We pray also for our country. Guide it through these dif- 
ficult times and bring it to ne^v heights of accomplishment. 

Through Christ Our Lord. Amen. 

PLEDGE OF ALLEGIANCE 
Rep. Hanson led the Pledge of Allegiance. 



House Journal, 11Apr74 425 

LEAVES OF ABSENCE 

Reps. Goodrich, Chris K. Andersen and Nims, the day, 
important business. 

Rep. Mabel L. Richardson and Donalda K. Howard, the 
day, illness. 

COMMUNICATIONS 

To the Honorable Members of the 
New Hampshire General Court 

I am signing today House Bill No. 1, the Supplemental 
Operating Budget, providing additional appropriations for the 
fiscal years 1974 and 1975. 

This Supplemental Operating Budget appropriates $4,103,- 
314. It provides, primarily, for the deficits which would occur 
in the various departmental and agency budgets due to the 
energy crisis. It is a reasonable figure in view of the severe dis- 
locations that inflation and energy shortages have caused in 
many of our state budgets. 

I commend Representative Arthur Drake, Chairman of 
the Appropriations Committee and his colleagues for preparing 
a no-nonsense, sensible supplemental budget for the State of 
New Hampshire. 

Meldrim Thomson, Jr. 



To the Honorable Members of the 
New Hampshire General Court 

I am signing House Bill No. 2, that provides for the Capital 
Budget for the State of New Hampshire for the fiscal years 1974, 
and 1975. 

This bill would raise, for capital improvements, $27,413,- 
900. 

While this bill appropriates approximately $7,000,000 less 
than the capital budget which I vetoed last year, the allocations 
for capital improvements in this and companioned bills such as 
the Mt. Washington, Railroad, and Port Authority would carry 
the total capital appropriations to a figure slightly higher than 
that proposed by the legislature last year. 



426 House Journal, 11Apr74 

There are a number of bad practices and features in House 
Bill No. 2. The most glaring of these are as follows. 

1. This bill authorizes 30 year bonds for financing parts 
of it. For the state to resort to 30 year financing at the present 
high cost of interest rates is a very poor and uneconomical prac- 
tice. It means that future citizens of New Hampshire will be 
paying for the unthrifty habits we practice today. 

2. This bill perpetuates what seems to be a growing practice 
on the part of the legislature to preempt executive responsibility 
heretofore exercised by Governor and Council as the elective 
representatives of the executive branch. For example, section 
23 of the bill confers on a joint committee on legislative facili- 
ties authority for remodeling or construction of the old Post 
Office building. Section 24 of the bill does the same for the con- 
struction of a legislative parking facility. I believe it to be a bad 
practice to bypass Governor and Council in the construction of 
any state buildings. If the contracts for legislative facilities are 
not to be reviewed by Governor and Council, as is the general 
practice with all state facilities and thus serve as a salutary check 
on the legislative branch, this practice might someday lead to 
unfortunate results. 

3. It is unfortunate that House Bill No. 2 continues to 
overemphasize the construction of facilities on the University 
campus to the neglect of the urgent need for state buildings by 
our various departments and agencies. The state now pays over a 
million dollars a year in rent alone for office space scattered all 
over Concord and to a lesser degree in other parts of the state. 

4. The bill appropriates more than two million dollars 
for many dormitories on the University campus. It is said by 
some that this expense would be so self-liquidating because the 
rentals from the use of the dormitories would eventually wipe 
out the indebtedness. I would point out that this kind of financ- 
ing is nothing less than issuing a letter of credit to the University 
for future expenditure. The money never comes back to the 
General Fund. 

Further, I am very much opposed to building any further 
facilities on the University campus until the Gay Problem can 
be resolved satisfactorily. There are, however, several bright 
features to the capital budget. 

I am delighted that it provides for an urgently needed 



House Journal, 11 Apr74 427 

new facility at the Soldiers' Home. Also, I am very pleased that 
the automobile addition for the Nashua VocTechnical School 
and the health addition for the Claremont VocTechnical School 
are included in this bill. The bill also carries with it $15,000 for 
a feasibility study for snowmaking machinery at Sunapee State 
Park. 

The legislature has had an opportunity to carefully re- 
examine capital budget items as a result of my veto of the ex- 
cessively high capital budget of last year. While this is far from 
a perfect budget bill, it is one that we can live with. Progress for 
our state requires that 1 sign this bill despite it's several un- 
fortunate features. 

Meldrim Thomson, Jr. 



To the Honorable Members of the 
New Hampshire General Court 

I am signing Senate Bill No. 18 which provides for a cost 
of living increase for the retired personnel of our state. 

This bill will cost the State of New Hampshire for the fiscal 
years 1974-75 $1,867,100. State officials estimate that in the next 
biennium this figure will rise to approximately 21/9 million and 
then begin to taper off. To enact a bill such as Senate Bill No. 
18 is one of the reasons why I called the legislature into special 
session. I believe that there is an urgent need to provide some 
relief for the retirees of our state system from the spiraling costs 
of inflation. I am pleased that the legislature has responded to 
this need. 

Meldrim Thomson, Jr. 



To the Honorable Members of the 
New Hampshire General Court 

I am signing House Bill No. 34 which is the refinery bill. 

This bill had strong support in both houses of the legisla- 
ture which indicates that the representative of the people do 
want a refinery in the State and have responded to the need for 
more energy for our people by enacting a bill that balances the 
concerns of the environmentalists for the need for the produc- 
tion of more energy. 



428 House Journal, 11 Apr74 

There was an attempt made in the Senate to require that 
any offshore unloading facility be sited 20 miles out to sea. This 
would have sounded the death knell to any attempt to attract 
a refinery for New Hampshire. Fortunately, wise counsel on this 
issue prevailed and this proposal was dropped in the negotia- 
tions at the conference committee level. 

I am also signing the related refinery bill namely, House 
Bill 18, requiring local option for siting of oil refineries. 

In it's final form, House Bill 18 simply reiterates what the 
legislature had earlier indicated should be the policy with re- 
spect to siting refineries in New Hampshire; namely, that Home 
Rule should be the determining factor as to the location of a 
refinery in a given town. 

Meldrim Thomson, Jr. 



To the Honorable Members of the 
General Court 

I have decided to allo^v House Bill 4 to become law without 
my signature. 

I take this step with gieat reluctance because I have serious 
questions about this legislation and it's impact on our stagger- 
ing welfare problem. 

Although the bill provides a version of the flat grant we 
need so badly to reduce our astounding overpayment and fraud 
rates, it unfortunately retains some of the features which has 
resulted in New Hampshire having an overpayment rate of 
40.9%. This is the highest overpayment rate in the nation for 
AFDC cases. 

By removing shelter costs from the flat grant, the bill has 
destroyed efforts to base payments to recipients on an equitable 
basis. 

In addition, the bill retains the much abused special cir- 
cumstances in the area of shelter costs. Because the root cause 
still exists, we can still see abuses in moving, purchaes, furniture, 
and similar things. 

I believe the gravity of this situation and the disastrous 
effects it can have on our state budget have escaped many and 
have been intentionally hidden by others. 



House Journal, 11Apr74 



429 



The fact is, we stand to lose a large amount of federal 
money if we do not reduce our overpayment and fraud rates. 
The federal government has taken a no-nonsense approach to 
this problem and New Hampshire stands to lose more in pro- 
position than other states. 

The real effect of HB 4 may not be to reduce the Division 
of Welfare's anticipated $2.9 million loss, but to place New 
Hampshire, in some cases, among the top ten states in the size 
of per capita of welfare payments. 

As can be seen from the attached table the number of case 
loads in the previous 10 years has almost doubled. Since the 
biennium of 70-71, this State has added over 10,000 new case 
loads to our welfare program roles. 

The total overall division of the welfare appropriations has 
increased from a $21 million level in the 64-65 biennium to a 
$91 million level in the biennium of 72-73. 

This bill for the biennium of 74-75 provides for a total of 
$119 million (+) for our welfare programs. 

The increase in the biennium General State Fund expendi- 
tures has risen from $6 million in 64-65 to an horrendous level 
of this bill for 74-75 of over $39.5 million. 



DIVISION OF WELFARE APPROPRIATIONS 



64-65 


6,178,522 


15,126,133 21,304,655 


12,599 




66-67 


8,781,655 


16,790,268 25,571,923 


12,804 


(+205) 


68-69 


12,583,411 


24,545,548 37,128,959 


13,597 


(+793) 


70-71 


16,896,309 


37,548,965 54,445,274 


18,079 


(+4,482) 


72-73 


28,281,676 


62,643,179 90,924,855 


24,372 


(+6,293) 


74-75 


39,636,178* 


80,220,465* 119,856,643* 








(+11,773) 


•Includes 




GENERAL 


FEDERAL 


TOTAL 


Contingent Liability 3,804,717 


6,220,887 


10,025,604 


HB3 Food Stamp 


1,353,918 


432,253 


1,786,171 


HB4 AFDC Supp. Grants 641,476 


1,048,842 


1,690,318 



It is these types of considerations which dictated my deci- 
sion to allow the bill to become law without my signature. 

Meldrim Thomson, Jr. 



430 House Journal, 11Apr74 

To the Honorable Members of the 
New Hampshire General Court 

I have signed House Bill 1 1 which provides for a salary 
increase of $520 per year for all state employees effective June 
21, 1974. This will cost the State during the next fiscal year 
S4.303,626. 

I was glad to sign the bill in view of the continued erosion 
of employees salaries due to inflation and despite the substan- 
tial pay increase voted by the Legislature at the regular session. 

With this increase plus the pay increase for state employees 
last year, it is my belief that state employees have received 
within a twelve month period the highest pay increase in many 
years. 

House Bill 11 unfortunately contains a number of dis- 
criminatory provisions Avhich will create unrest with our state 
employees. 

I believe it important that our Legislature begin work now 
for a fair sensible and equitable pay bill that will treat all state 
employees doing similar work on an equal basis. As a guide for 
such a study I call attention to the following discriminatory 
provisions of House Bill 1 1 . 

1. The bill discriminates between employees at the Soldiers' 
Home and Home for the Elderly and those at Laconia State 
School and Training Center, New Hampshire Youth Develop- 
ment Center and the New Hampshire Hospital, inasmuch as 
employees actively engaged in the care and treatment of patients 
at the latter three institutions in addition to receiving the $520 
that all state employees receive, will receive an additional $5.00 
a week or $260 per year. This means that an attendant at the 
New Hampshire Hospital taking care of elderly patients will 
receive $5.00 a week more than the same attendant at the Home 
for the Elderly performing identical duties. 

Further discrimination is made inasmuch as Custodial, 
Dietary, Grounds and Trades personnel are not included. 
Plumbers are upset because they have to work on wards where 
there are patients while performing their trade whether it be 
on an elderly patient ward or in the forensic unit. 

2. Hazardous duty pay was confined to the State prison and 



House Journal, 11Apr74 431 

the forensic unit at the New Hampshire Hospital. No consider- 
ation was given to law enforcement personnel, such as Fish and 
Game Conservation Officers for whom we asked for holiday pay. 

3. A Correctional Psychiatric Aide II, salary grade 10, at 
the New Hampshire Hospital will receive $25 more per week 
or $1,300 per year than the base pay of a Conservation Officer 
Trainee, also salary grade 10. It also means that this same Cor- 
rectional Psychiatric Aide II will make $20.68 more per week 
than the base pay of a Trooper Trainee, salary grade II. 

4. Last November the Nurses at the New Hampshire Hos- 
pital asked for salary grade increases. With the passage of this 
bill, a Psychiatric Nurse I will be within approximately 50c per 
week of what she would have received had a two salary grade 
increase been authorized. 

5. Many employees are upset because other employees re- 
ceived more than they. This means that the Department of 
Personnel will become besieged with requests for upgrading. It 
will naturally follow, also, that the morale and work output of 
state employees will drop. 

a. It should certainly also follow that as vacancies occur 
at Laconia State School and Training Center, personnel at the 
Soldiers' Home, especially Nurses and Attendants, who are only 
a few miles distance, will request transfers in order to receive 
higher salaries yet doing similar work. 

b. What about the Home for the Elderly that is located in 
an extremely remote area of the State. It is difficult enough as 
it is to recruit and retain but with higher state salaries at other 
institutions it will cause even more difficult personnel problems 
for the Home. 

Meldrim Thomson, Jr. 



To the Honorable Members of the 
New Hampshire General Court 

I have tried to weigh carefully all of the implications in- 
volved if I permit Senate Bill 17, relating to the Port Authority, 
and House Bill 31, pertaining to railroads, to become law with- 
out my signature. 

Each of these bills contains bad features. If allowed to be- 
come law, each should be corrected the next time the Legisla- 



432 House Journal, 11Apr74 

ture meets. Always there is the possibility that another Legisla- 
ture will not undo the faulty work of a predecessor. 

Yet each bill does contain kernels of progress in areas in 
which the State sorely needs to move forward. 

Thus, in order to move ahead with long overdue programs 
for the Seacoast and for our languishing rail system, it is neces- 
sary to accept the high ratio of chaff in each of these bills to be 
able to utilize the kernels. 

Because I consider these bills bad in part and potentially 
dangerous to the State if allowed to go uncorrected in the next 
Legislature, it is incumbent upon me that I delineate the short- 
comings of each and describe the overriding reasons why I am 
permitting each to become law. 

I am allowing Senate Bill 17 and House Bill 31 to become 
law without my signature to emphasize my strong disapproval of 
provisions in each that should be revised or removed and my 
disappointment that certain good provisions were not included. 

SENATE BILL 17, THE PORT AUTHORITY 

For too long, the development of our great port at the 
mouth of the Piscataqua and the potential of our smaller ports 
has been neglected. 

I campaigned on a promise to work for an expansion of the 
dock facilities of the Port Authority and was greatly disap- 
pointed when a good bill to carry out this commitment failed in 
the Regular Session last year. 

Since then a new membership on the Port Authority has 
substantially improved the image of the Authority in the port 
area and is working hard to cooperate with local authorities to 
develop a viable partnership for progress. 

It is important that these small but promising beginnings 
be encouraged. They must not be allowed to deteriorate into 
adversary positions. 

I believe that we should expand our docking facilities in 
Portsmouth so that we can accommodate three freighters at a 
time. It is estimated that this will take a bond issue of about $2.5 
million. In time, warehouse and cold storage facilities should 
also be built. 



House Journal, 11Apr74 433 

The Port Authority dock facilities can and should eventu- 
ally be on a self-sustaining basis, including a reasonable revenue 
contribution to the City of Portsmouth. 

I am confident that the port has a great potential for growth 
in the next decade. This should be encouraged and wisely di- 
rected by the Authority and City working together. 

In the politicking that shaped Senate Bill 17, a bond au- 
thorization was lost. I sincerely hope that the 1975 Legislature 
will provide for such a bond authorization. 

Senate Bill 17 carries an appropriation for a port feasibility 
study which is to be completed by December of this year. I hope 
that such a study will provide the information needed to en- 
courage the Legislature to authorize expansion of the dock 
facilities next year. 

The bill also provides ,525,000 for a much-needed fence 
around the dock area. 

In addition, by this bill, the State in a very concrete manner 
indicates its support and concern for our fishermen by authoriz- 
ing the construction of a $375,000 commercial fishing pier and 
docking facility in the City of Portsmouth and a $350,000 fishing 
pier and recreational boating facilities in Hampton harbor. 

If there are excess funds after the construction of the 
Hampton facility, such fimds are to be used similarly in Rye 
harbor. 

These projects for our fishermen are highly desirable. They 
are long overdue. Consequently, in order to be helpful to our 
fishermen, I am letting Senate Bill 17 become law even though 
it did not carry a bond authorization for the Port Authority. 

Section 8 of Senate Bill 17 is highly objectionable and al- 
most persuaded me to veto the bill. This section prevents the 
Authority from taking any positive action regarding on- or off- 
shore facilities connected with processing of oil or liquefied 
natural gas from now until July 1, 1975. 

However, the need for such action in connection with any 
refinery project during the proscribed period is remote. Further, 
if such need should arise before July 1, 1975, the Regular Ses- 
sion of the Legislature that meets next January could lift this 
temporary restriction at an earlier date. 



434 House Journal, 11Apr74 

I have concluded that, despite its shortcomings and faults, 
Senate Bill 17 is a progressive step forward on behalf of our 
commercial fishermen. Hence, I shall let it become law without 
signature. 

HOUSE BILL 31 — RAILROADS 

During the progress of House Bill 31, through the Legisla- 
ture, I worked diligently to channel its operative features into 
the Transportation Authority instead of placing it under the 
regulatory Avings of the Public LTtilities Commission. 

This aspect of the bill raises, in my view, serious constitu- 
tional questions. 

Furthermore, it temporarily takes away from the Authority 
an important part of its overall supervision of mass transporta- 
tion and places it in a Commission that has shown no leadership 
in resolving the rail problems of our State. 

In addition, it would authorize a bond issue of $4 million 
which, if fully executed, would place the State squarely in the 
railroad business. 

We have already seen how costly and inefficient railroading 
under the Federal government can be. It would be even more 
so under a State operation. 

It would mean that all of our taxpayers would be contribut- 
ing to the purchase and maintenance of a rail service that would 
benefit directly the rail users and only indirectly the members 
of the public. 

On the other hand. New Hampshire would suffer an eco- 
nomic catastrophe if we lost the operation of half of our lines 
as presently proposed by the Department of Transportation. 

It was under the cloud of fear that just such a disaster might 
strike our rail users that House Bill 31 was passed. 

The bill itself provides certain assistance that might be in- 
voked if disaster befalls our rail system. While I do not believe 
that these aids will be needed before the Legislature again meets 
in regular session, I can recognize the desirability of having 
them available on a stand-by basis for the balance of this year. 

Under the terms of the bill, there is very little that the 
Public Utilities Commission can do without the approval of 



House Journal, 11Apr74 435 

Governor and Council. Hence, we do have an important check 
on PUC that can prevent State socialization of the rail system. 

As a standby measure and a safeguard against abandonment 
of any rail service now serving industry, I will let House Bill 31 
become law without my signature. 

This, I hope, will give immediate reassurance to all rail 
users that the State will wage a vigorous fight against abandon- 
ments and for long-range improvements in our rail system. 

To develop a constructive rail project as an integral part of 
a sound mass transportation program, I shall encourage the 
Transportation Authority to move with all possible speed to 
obtain rail expertise. I shall encourage the Public Utilities Com- 
mission to work closely with the Authority. 

I shall also appoint a Governor's Committee of rail users to 
encourage the private sector to work with the State, through the 
Authority and Commission, to insure that we use effectively all 
of the statutory tools and programs available to us for keeping 
the trains rolling in New Hampshire. 

I am grateful for the strong and wise efforts of Representa- 
tive Ernest Coutermarsh in helping to revise provisions of 
House Bill 31, which, if passed by the Legislature in its original 
form, ^vould have provoked an inevitable veto. His long experi- 
ence and vast knowledge of our rail system is a great resource 
which I certainly hope to be able to tap for the benefit of our 
State. 

Meldrim Thomson, Jr. 
SENATE MESSAGE 
INTRODUCTION OF SENATE BILL 

SB 33, legalizing the authorization of bonds by the town of 
Durham. 

SUSPENSION OF RULES 

Rep. Hanson moved that the rules be so far suspended as 
to allow the introduction of a bill received from the Senate after 
the deadline, to dispense with printing, committee reference, 
hearing and report, and to place the bill on third reading and 
final passage at the present time. 



436 House Journal, 11Apr74 

The bill being SB 33, legalizing the authorization of bonds 
by the town of Durham. 

Rep. Hanson explained his motion. 

Rep. Chandler requested a division. 

It being manifestly in the affirmative, motion adopted by 
the necessary two-thirds. 

Third reading and final passage 

SB 33, legalizing the authorization of bonds by the town of 
Durham. 

Rep. Doris L. Thompson wished to be recorded against 
SB 33. 

COMMUNICATION 

The townspeople of Hampstead, N. H., cordially invite you 
to attend an "Open House" for — Doris M. Spollett — Sunday 
— April 21st — 2:00 to 5:00 P.M. Hampstead Congregational 
Church — Main Street, Hampstead, N. H, 

Over 50 Years of Serving the Community 
Schoolteacher 
N. H. Senator 

Representative to the General Court 
Selectman — 27 Years 

RESOLUTION 

Reps. Brungot, William Boucher, Carter, Conley, Du- 
haime, Enright, Hammond, Harvey, Hebert, Hunt, Migneault, 
Palfrey, P. Robert Thibeault, Sweeney, Vey, White and Wuel- 
per offered the following resolution. 

RESOLUTION 

Whereas, there are several members of the House whose 
burdens of physical disability have been lightened immeasure- 
ably by the considerate ministrations of a particular state em- 
ployee, and 

Whereas, those said members by this resolution ask their 
fellow members to join them in recognizing the consideration 
received from that individual, and 



House Journal, 11 Apr74 437 

Whereas, Thomas J. Roy, New Hampshire's one-man 
Capitol Police Force, has been the ever alert guardian of the 
parking facilities assigned to physically limited members, there- 
fore be it 

Resolved, by the House of Representatives assembled, that 
its entire membership does recognize and honor the diligent and 
persuasive but firm administration of those facilities by Tom 
Roy, and be it further 

Resolved, that a copy of the above resolutions be trans- 
mitted to Thomas J. Roy. 

Unanimously Adopted. 

Rep. Nelson moved that the Committee on the Journal, 
after checking with the Committee of Conference on HB 11, to 
increase the salaries of state classified employees and employees 
of the university system and providing differential pay to classi- 
fied prison employees and correctional psychiatric aides at the 
New Hampshire Hospital and making appropriations therefor, 
consider removal of the statement of intent by the Committee 
of Conference in the Journal of 2 April, and subsequently 
withdraAV his motion. 

The Speaker instructed the Journal committee to review 
the suggestion and take whatever action they deem necessary. 

Reps. George B. Roberts, Jr., Coutermarsh, O'Connor and 
Bigelow offered the following resolution: 

HOUSE RESOLUTION 

RELATIVE TO CIRCULAR A-70 

Whereas, the federal Office of Management and budget has 
proposed implementation of Circular No. A-70, entitled "Poli- 
cies and Guidelines for Federal Credit Programs", which would 
preclude local governments from issuing tax-exempt bonds to 
finance programs and facilities receiving federal assistance; and 

Whereas, state and local governments traditionally have 
employed tax-exempt financing for municipal programs and 
facilities; and 

Whereas, local governments rely heavily on federal assis- 
tance for financing municipal programs and facilities; and 



438 House Journal, 11Apr74 

Whereas, implementation of Circular No. A-70 would sig- 
nificantly and adversely affect the ability of the state of New 
Hampshire and its political subdivisions to finance higher edu- 
cation facilities, medical care facilities, sewer, ^vater and pollu- 
tion control facilities, highway and mass transit facilities urban 
renewal and public housing projects, and privately owned low- 
and-moderate-income housing funded by the slate and by mu- 
nicipalities; and 

Whereas, over a year ago, the attempt to implement Circu- 
lar No. A-70 resulted in immediate and vigorous opposition by 
state and local governments and national interest groups, such 
as the National Governors' Conference, the Municipal Finance 
Officers' Association, and the National League of Cities/Con- 
ference of Mayors; and 

Whereas, implementation of Circular No. A-70 would 
constitute direct federal intervention in, and substantial control 
of, debt management of the state of New Hampshire and its 
mimicipalities, and would result in severe curtailment of the 
volume of tax-exempt financing, as the state and local govern- 
ments would be unable to utilize it with respect to a project 
whose financial feasibility depends upon federal assistance; and 

Whereas, Circular No. A-70 proposes an undesirable means 
of accomplishing public policy and has massive implications for 
public finance throughout the country; and 

Whereas, there exist no feasible financial alternatives to 
replace the combination of tax-exempt municipal financing and 
federal assistance to provide state and local facilities; and 

Whereas, it has come to the attention of the New Hamp- 
shire House of Representatives that the Oflfice of Management 
and Budget is planning specific action with respect to imple- 
mentation of Circular No. A-70 in the near future; no^s % there- 
fore, be it 

Resolved by the House of Representatives of the state of 
New Hampshire, That the House of Representatives of the state 
of New Hampshire communicates its strong opposition to the 
implementation of Circular No. A-70 to the President of the 
United States and to the Director of the Oflfice of Management 
and Budget; and 



House Journal, 11Apr74 439 

Further Be ll Resolved, That the Speaker of the House 
transmit copies of this resolution to the President and Vice 
President of the United States, to the Director of the Office of 
Management and Budget, to the Speaker of the House of Rep- 
resentatives, and to each Senator and Representative from New 
Hampshire in the Congress of the United States. 

Rep. Roberts explained the resolution. 

(discussion) 

Rep. Horan moved that the resolution be referred to an 
interim study committee to be appointed by the Speaker and 
spoke in favor of his motion. 

Reps. Drake, Plourde, Coutermarsh and D'Allesandro 
spoke against the motion. 

Motion lost. 

Resolution adopted. 

The Speaker announced that Rep. Bell has informed him 
that he will not be returning for another session. 

Reps. Drake and Coutermarsh paid tribute to Rep. Bell 
for his years of service in the House. 

Reps. Dame and Sara M. Townsend moved that the re- 
marks of Reps. Drake and Coutermarsh be printed in the 
Journal. 

Adopted. 

The Chair: The Dean of the House, Rep. Kenneth Bell, is 
not going to be returning to the House and after some considera- 
tion I decided to stretch the rules of the House to let in a few 
remarks, I don't know if they are for or against Ken, they did not 
commit themselves. 

The Chair recognizes Rep, Arthur Drake. 

Rep Drake: Mr. Speaker, I generally come before you bear- 
ing tidings of gloom and despair, but this morning I think is 
a little different. With all good references to the deaconess of 
this institution, in my books there has always been a dean 
around the legislature. I have served on a committee with him; 
I have been privileged to serve as chairman on the committee 
on which he serves; and I have always been struck by the fact 



440 House Journal, 11Apr74 

that Ken Bell is a pretty imperturbable character, rarely ever 
shook by what happens around them because no matter how 
bad it is, and it generally is, and he has seen it before, and prob- 
ably a little worse. His one line quips in committee I Avish had 
been taped and recorded over the years, because they would 
have been Avorth recording for posterity. When everything gets 
pretty solemn and somber around the place you can always rely 
on Ken with his quick dry wit to do something to relieve the 
tension. Frankly, I think Ken Bell is an institution by himself. I 
have enjoyed his company and I love him like a father. I am 
sorry to see him go because he retains the clarity of mind which 
all of us hope that we will have at his age. The state of New 
Hampshire owes Ken Bell a debt of gratitude which few of you 
recognize for the dedication he has given to New Hampshire 
over all of the years he has served in this Legislature, and if this 
is a farewell then let me say that if everyone went out in as grand 
a shape as he is going to go out then we ^vould all be blessed. 

Rep. Coutermarsh: Mr. Speaker, I don't want to let this be 
stfictly a republican affair because of my long association with 
Ken Bell, and our many deliberations in this house. I have 
forgotten exactly how long he has been here, but I guess its 
thirty years or more that he, to my mind, represented the best in 
the people that have come down here to serve this state as 
members of a citizen legislature. I worked closely with him 
when I was a former resident of Lebanon, as a member of the 
Grafton County Delegation, and I never can remember when it 
ever mattered to this man what your party affiliation happened 
to be. In those days, outside of George McGee and myself, there 
were not too many Democrats on the delegation, and we learned 
to have a very high respect for the fairness of this gentleman. It 
is with a sad sense of parting on my part, and the rest of the 
democrats in this house, and the house members as a whole that 
we have to accept at last that you will not be coming back. Good 
luck. 

Rep. Gardner offered the following resolution. 



HOUSE RESOLUTION 

Whereas, Rev. Joseph Y. Beaulieu of Goffstown has faith- 
fully served as Chaplain of the House of Representatives for this 
past session; and 



House Journal, 11Apr74 441 

Whereas, Rev, Beaulieu is the first Catholic priest Avho has 
filled the position of Chaplain for the House; and 

WhereaSj his inspired leadership has helped this body to 
perform its duties; 

Now Therefore Be It Resolved by the House of Representa- 
tives, that Rev. Joseph Y. Beaulieu be commended for his 
efforts in guiding the House during his service as its Chaplain; 
and 

Further Be It Resolved, That the House extends to Rev. 
Beaulieu its sincere wishes for continued success; and 

Further Be It Resolved, That a copy of this resolution be 
given to Rev. Beaulieu. 

Adopted. 

LEGISLATIVE BILL STATUS SYSTEM 

The Automated Legislative Bill Status System is being 
demonstrated for the General Court today for several reasons: 

1. To show the membership how the effective use of elec- 
tronic data processing can ease the administrative burden of bill 
status tracking and reporting. 

2. To show the membership the latest data processing meth- 
ods available for creating, maintaining and accessing large files 
of information. 

3. To show the membership an example of the results of 
interstate cooperation in the data processing area by demon- 
strating a program designed and developed by the State of 
Maine and operating from the CDP system in New Hampshire. 

The demonstration program was used ^vith great success 
throughout the Special Session of the Maine Legislature and 
that data base is loaded on the CDP computer at 1 Pillsbury 
Street. The information displayed is from the Maine session 
and may, therefore, have some foreign terminology, e.g., HP vs 
HB, SP vs SB (Paper vs Bill) ; but the legislative concepts and 
procedures are for the most part identical to those of New 
Hampshire. 

You may inquire of the system from the terminal at almost 
any level of definition — by subject matter (.8 levels), by docu- 



442 House Journal, 11Apr74 

ment number, or by Bill number. Bulk printouts are available 
by Committee and by sponsor, and that type inquiry will be 
available at the terminal in the future. The information re- 
trieved is correctable or changeable from the terminal. The 
system has total flexibility in accessing and reporting the per- 
tinent data. Copies of bulk report samples are available for 
your review. 

Through cooperative effort with our sister state of Maine, 
and Honeywell Information Systems, the program is running 
on the New Hampshire CDP computer. It needs only minor 
changes in terminology to be usable here and will be available 
whenever the Legislature deems it advisable. Were we to start 
anew and develop such a system for the State of New Hamp- 
shire, it is estimated that the cost would exceed $100,000. 

The only cost involved to utilize the system you are seeing 
here today will be the day-to-day cost of operation, i.e., the com- 
puter time, communications, the terminals and terminal op- 
erator personnel. That cost wall depend upon the number of 
terminals installed and the volume of special reports and print- 
outs required. In any case, the cost should be offset by a signifi- 
cant increase in efficiency of legislative administration and a 
reduction in clerical effort and administrative lead time for all 
concerned. 

We are deeply indebted to the State of Maine and Mr. 
David Smith, the Director of Data Processing, for the oppor- 
tunity to present this demonstration to you. Further credit is 
due: 

Honeywell Information Systems — Software and Engineer- 
ing support 

GTE Information Systems — Communications Modems 

Department of Safety — Terminal Equipment 

Arthur T. Hill 

Director 

Department of Centralized 

Data Processing 

RECESS 
AFTER RECESS 



House Journal, 11Apr74 443 

ENROLLED BILLS REPORT 

SB 33, legalizing the authorization of bonds by the town of 
Durham. 

Maurice W. Read 
For The Committee 



SUSPENSION OF RULES 

Rep. George B. Roberts, Jr. moved that the rules of the 
House be so far suspended as to introduce a bill after the dead- 
line, dispense with printing, committee reference, hearing and 
report and to place the bill on second reading, the bill being 
HB 40, providing for additional pay and overtime pay for nurses 
at New Hampshire hospital, Laconia state school and training 
center, the New Hampshire youth development center, the 
New Hampshire home for the elderly, and the New Hampshire 
veterans' home, and making an appropriation therefor; and 
making an appropriation for overtime pay for conservation 
officers. 

Rep. Roberts explained his motion. 

(discussion) 

Rep. Roberts yielded to Rep. Drake to answer questions. 

POINT OF ORDER 
Rep. George E. Gordon rose on a point of order. 



Reps. Daniell, Spirou and Coutermarsh spoke in favor of 
the motion. 

Rep. Bednar spoke against the motion. 

Reps. Cotton, Mary J. Sullivan, Bernard, Elizabeth E. GoflF, 
Tarr, Schwaner, Gallen, Rich, and Tony Smith non-spoke in 
favor of HB 40. 

Reps. Nelson, Boisvert and Meserve moved the previous 
question. 

Sufficiently seconded. 

Rep. Chandler requested a division. 



444 House Journal, 11Apr74 

It being manifestly in the affirmative by more than the 
necessary two-thirds the motion carried. 

Rep. Drake offered an amendment. 



AMENDMENT 

Amend the bill by striking out sections 3 and 4 and insert- 
ing in place thereof the following: 

3 Appropriation for Overtime for Conservation Officers. 
Amend 1973, 376:33, III, (a) as amended by 1974, 40:85 by 
striking out the line "Other 1 1" and inserting in 
place thereof the following ( Other 25,000 ) . 

4 Deletion of Provisional Appropriation for Overtime for 
Conservation Officers. Amend 1973, 376:33, as amended by 
1974, 40:85, by striking out the fourth (being the last) para- 
graph of the footnote to the line appropriating the total for the 
fish and game department and inserting in place thereof the 
following (Provisions of RSA 206:36 shall be suspended for 
the biennium ending June 30, 1975.) 

The clerk read the amendment in full. 

Rep. Drake explained his amendment. 

Amendment adopted. 

Ordered to third reading. 

Rep. Chris K. Andersen wished to be recorded in favor of 
HB40. 



SUSPENSION OF RULES 

Rep. Boisvert moved that the rules of the House be so far 
suspended as to place HB 40 on third reading and final passage 
at the present time. 

Adopted by the necessary two-thirds. 

Third reading and final passage 

HB 40, providing for additional pay and overtime pay for 
nurses at New Hampshire hospital, Laconia state school and 
training center, the New Hampshire youth development cen- 



House Journal, 11Apr74 445 

ter, the New Hampshire home for the elderly, and the New 
Hampshire veterans' home, and making an appropriation there- 
for; and making an appropriation for overtime pay for con- 
servation officers. 



RECONSIDERATION 

Rep. Coutermarsh moved reconsideration on HB 40. 
Reconsideration lost. 

SUSPENSION OF RULES 

Rep. Belair moved that the rules be so far suspended as to 
allow the introduction of a bill after the deadline and to place 
the bill on second reading, the bill being HB 39, relative to the 
homeowners' exemption law. 

Rep. Belair explained his motion. 

Rep, George E. Gordon spoke against the motion. 

(discussion) 

Reps. Harvell, Albert C. Jones, Orcutt, Hall, Read, Sara 
M. Townsend, George I. Wiggins, Sununu and Gorman spoke 
in favor of the motion. 

Reps. Gerry F. Parker, Dupont, Maynard, Beaulieu, 
Spirou, Twigg and Elizabeth E. Goff spoke against the motion. 

Reps. Fred E. Murray, Nutt, Bowler, D'Amante, Elmer E. 
Johnson, Edward A. Johnson, Symons, Hough and Duhaime 
non-spoke in favor of the motion. 

Reps. Fortier, Bossie and Daniell non-spoke against the 
motion. 

Reps. Parnagian and Palfrey requested a division. 

120 members having voted in the affirmative and 175 in 
the negative, suspension of the rules failed. 

RECONSIDERATION 

Rep. George E. Gordon moved reconsideration. 
Reconsideration lost. 



446 House Journal, 11Apr74 

SENATE MESSAGE 

CONCURRENCE 

HB 40, providing for additional pay and overtime pay for 
nurses at New Hampshire liospital, Laconia state school and 
training center, the New Hampshire youth development cen- 
ter, the New Hampshire home for the elderly, and the New 
Hampshire veterans' home, and making an appropriation there- 
for; and making an appropriation for overtime pay for con- 
servation officers. 

RECESS 
AFTER RECESS 

ENROLLED BILLS REPORT 

HB 40, providing for additional pay and overtime pay for 
nurses at New Hampshire hospital, Laconia state school and 
training center, the New Hampshire youth development center, 
the New Hampshire home for the elderly, and the New Hamp- 
shire veterans' home, and making an appropriation therefore; 
and making an appropriation for overtime pay for conservation 
officers; and providing for increases in classified salaries for 
recruitment. 

Maurice W. Read 
For The Committee 

SENATE MESSAGE 

INTRODUCTION OF SENATE BILL 

SB 34, to provide fairer real estate taxes for the elderly 
through a partial exemption from real estate taxes for persons 
seventy years of age or older, under certain circumstances, and 
compensating cities and towns for consequent loss of tax base 
and making an appropriation therefor, and providing for an 
election between the homeowners' exemption and the elderly 
exemption. 

Rep. George B. Roberts, Jr. moved that SB 34 be laid on 
the table. 

Adopted. 



House Journal, 11Apr74 447 

BILLS SIGNED BY THE GOVERNOR 

April 2, 1974 

HB 7, permitting municipalities to establish, acquire, main- 
tain and operate public transportation facilities in cooperation 
with governmental units of adjoining states; permitting broader 
cooperation in furnishing of municipal services; and permitting 
cities and towns to appropriate money for group homes. 

HB 13, repealing the termination date of RSA 357-B. 

HB 17, increasing the mileage rate for all state employees 
using privately owned passenger vehicles and making an appro- 
priation therefor. 

HB 21, relative to the duties of the state board of education 
and prohibiting the expenditure of public moneys in non-public 
schools unless said schools have program approval by the de- 
partment of education, supervisory union accounting of federal 
funds and establishing the office of chancellor of the university 
of New Hampshire system. 

HB 36, permitting the sale of milk in three quart con- 
tainers. 

SB 3, changing the compensation of certain state law en- 
forcement employees and fees of witnesses. 

SB 4, relative to penalties and forfeitures for noncompli- 
ance with sewage and waste disposal rules and regulations of the 
water supply and pollution control commission. 

SB 7, relative to capital improvements to the Mount Wash- 
ington summit and making an appropriation therefor. 

SB 8, relative to the distribution of testate property follow- 
ing waiver of a will by surviving spouse and relative to the form 
of notice given for termination of parental rights. 

SB 12, to further protect the rights of mobile home owners 
by requiring that mobile home park owners and operators 
state the rules and regulations of the park in writing and pro- 
vide all tenants with copies of the rules and to encourage the 
construction of mobile home parks by not prohibiting the so- 
called "first sale" restriction in a new park. 

SB 20, providing for regulation of franchise agreements 
for the sale of gasoline and requiring the posting of motor fuel 
prices. 



448 House Journal, 11Apr74 

SB 22, establishing a study committee to develop a plan to 
provide public assistance to private institutions of higher learn- 
ing in this state and relating to the Lafayette Regional School 
District and Bethlehem School District. 

SB 24, authorizing cities and towns to grant franchises for 
cable television systems. 

SB 26, providing for retirement benefits for supreme and 
superior court justices. 

SB 31, authorizing the cities of Berlin and Keene to ac- 
quire, develop and operate industrial parks within each such 
city and to aid the construction and expansion of industrial 
facilities within each such city by the issue of revenue bonds. 

SJR 3, establishing a committee to study highway safety 
and motor vehicle weight, length and width requirements. 

April 5, 1974 

HB 1, making supplemental appropriations for expenses 
of certain departments of the state for the fiscal years ending 
June 30, 1974 and June 30, 1975 and making other budgetary 
changes. 

HB 2, making appropriations for capital improvements. 

HB 18, requiring local option for siting of oil refineries. 

HB 24, permitting the use of changeable effective date 
designations such as decals, on all motor vehicle and boat reg- 
istration plates; authorizing the governor and council to estab- 
lish temporary speed laws; exempting certain functions rela- 
tive to motor vehicles and highways from the provisions of the 
administrative procedures act; exempting the department of 
fish and game from procedural requirements of their rule mak- 
ing under Title XVIII, until June 30, 1975; and providing 
certain free motor vehicle privileges to disabled veterans. 

HB 29, relative to tuition payments for handicapped chil- 
dren; amending the appropriation for same; defining a handi- 
capped child as a person up to the age of twenty-one; and pro- 
viding for educational and other expenses in public institu- 
tions. 

HB 30, relative to the civil commitment procedures in the 
probate courts and detention and discharge procedures for the 
mentally ill. 



House Journal, 11Apr74 449 

HB 33, relative to the Winnipesaukee River Basin Con- 
trol; and providing for continuation of the study committee on 
water supply and pollution control commission. 

HB 34, relative to energy facility evaluation, siting, con- 
struction and operations; providing for a tax on refined petrole- 
um products; and establishing an energy facility study com- 
mittee. 

SB 9, legalizing: certain special town meetings in Wilmot, 
Pittsfield, Enfield, Salisbury and Salem; 1974 annual town meet- 
ings in Rye, New Castle, Exeter, Salisbury, Enfield, Brentwood, 
Chester and Bethlehem; the Seabrook, Gilford, and Haverhill 
school district meetings; the special Hampton Falls school dis- 
trict meeting; the Warner village fire district proceedings; and 
the February 19, 1974 postings of March 5, 1974 town and 
school meetings. 

SB 10, establishing a sire stakes program and a standard- 
bred breeders and owners development agency, and making an 
appropriation therefor. 

SB 18, providing additional cost of living increases for re- 
tired members of the N. H. Teachers' Retirement System, the 
N. H. Policemen's Retirement System, the N. H. Firemen's Re- 
tirement System, the N. H. Retirement System and the State 
Employees Retirement System, and making an appropriation 
therefor; providing for compensatory contributions for inter- 
rupted service; and providing for an actuarial study of prefund- 
ing to be paid out of escrowed funds derived from an interest 
assumption change. 

SB 23, relative to the membership of municipal planning 
boards, conservation commissions and historic district commis- 
sions. 

April 8, 1974 

HB 11, to increase the salaries of classified employees and 
employees of the university system and the New Hampshire Net- 
work and providing differential pay to classified prison em- 
ployees and correctional psychiatric aides and providing nurses' 
reclassification at the New Hampshire Hospital and Laconia 
State School and making appropriations therefor. 



450 House Journal, 11Apr74 

April 15, 1974 

HB 40, providing for additional pay and overtime pay for 
nurses at New Hampshire hospital, Laconia state school and 
training center, the New Hampshire youth development center, 
the New Hampshire home for the elderly, and the New Hamp- 
shire veterans' home, and making an appropriation therefor; 
and making an appropriation for overtime pay for conservation 
officers; and providing for increases in classified salaries for re- 
cruitment. 

SB 33, legalizing the authorization of bonds by the town 
of Durham. 

BILLS ENACTED IN ACCORDANCE WITH 

ARTICLE 44, PART II OF THE NEW HAMPSHIRE 

CONSTITUTION WITHOUT SIGNATURE 

OF GOVERNOR 

April 2, 1974 

HB 3, relative to establishment of a food stamp program 
and making an appropriation therefor. 

HB 37, to provide for the repeal of the law tending to pro- 
hibit hitchhiking. 

SB 11, establishing a state historic preservation office and 
making an appropriation therefor. 

April 9, 1974 

HB 4, providing supplemental grants to families with de- 
pendent children and making an appropriation therefor and 
authorizing consolidated grant standards for categorical assis- 
tance excluding shelter. 

HB 31, authorizing the public utilities commission to ac- 
quire, as agent of the state, such railroad properties within the 
state deemed to be necessary for continued and future railroad 
operation for the benefit of the public and authorizing bonding 
therefor; provided that if the 1975 General Court by vote of 
both houses prior to March 13, 1975 evidences its approval the 
foregoing authority shall on that date be transferred to the New 
Hampshire transportation authority and the public utilities 
commission's authority shall be terminated. 

SB 17, relative to the New Hampshire Port Authority, the 
construction of fishing facilities at Portsmouth, Hampton and 



House Journal, 11Apr74 451 

Rye harbors, and the location of marine science docking and 
related facilities for the university of New Hampshire and mak- 
ing an appropriation therefor. 

INTERIM COMMITTEE APPOINTMENTS 

HB 2 (Chapter 38, Section 23) Legislative Facilities Committee. 
(Chapter 368, Laws of 1973). 

Sen. Stephen W. Smith; Rep. James E. O'Neil, Sr. or his 
designee; Rep. George B. Roberts, Jr.; Sen. Frederick A. Porter; 
Rep. Ernest R. Coutermarsh; Sen. Eileen Foley; Sen. Roger 
A. Smith; Rep. Esther M. Davis; Sen. C. Robertson Trow- 
bridge and Rep. Sumner A. Raymond. 

HB 2 (Chapter 38, Section 30) Electronic Roll Call Committee. 
(Chapter 592, Laws of 1973). 

Reps. James E. O'Neil, Sr., George B. Roberts, Jr., Ernest 
R. Coutermarsh, Arthur F. Mann and Arthur M. Drake. 

HB 14, revising the management-employee relations law for 
state employment. 

Collective Bargaining Sub-Committee (Labor, Human Re- 
sources and Rehabilitation). 

HB 25 (Chapter 9), changing the reporting date for the study 
commission on the problems of unemployed citizens in 
New Hampshire. 

Sens. Robert F. Bossie, David H. Bradley and Stephen W. 
Smith. Reps. Robert B. Buckley, Paul H. Simard and Peter C. 
Hildreth. Patricia Merrill, Concord; Theodore Caras, Dover; 
Benton Demers, Concord. 

HB 26, relative to guaranteeing a minimum adequate income 
for the elderly, blind and disabled; and making an appro- 
priation therefor. 

Reps. Skinner, Carswell, McGlynn, Vesta M. Roy, Barbara 
C. Thompson and Daniell. 

HB 33 (Chapter 41, Sections 3 and 4), relative to the Winnipe- 
saukee River Basin Control; and providing for continua- 
tion of the study committee on water supply and pollution 
control commission. 



-±52 House Journal, 11Apr74 

Sens. Bossie, Gardner and Brown. 

Reps. Claflin, John H. Tilton, Ladd, Oleson, Harriman, 
Kenneth W. Spalding Jr., and Kopperl. 

Nelson Maine, Hillsborough and H. Thomas Urie, New 
Hampton. (Third member to be appointed) 

HB 34 (Chapter 39, Section 5), relative to energy facility evalua- 
tion, siting, construction and operations; providing for a 
tax on refined petroleum products; and establishing an 
energy facility study committee. 

Sens. Preston and Bradley. 

Reps. George B. Roberts, Jr., Greene and Coutermarsh. 

One member from the Southeast Regional Planning Com- 
mission. 

Assoc. Prof. Richard Mills, Durham; Dr. Louis H. Klotz, 
Durham; and Dr. Paul E. Bruns, Durham. 

Frederick D. Goode, Bedford and Atty. William Craig, 
Manchester. 

HB 34 (Chapter 39, Section 6) Energy Facility Tax Study. 

Senate Ways and Means and Administrative Affairs and 
House Ways and Means. 

HCR 2, establishing a joint committee to study the railroad 
conditions and related matters in the state of New Hamp- 
shire. 

Reps. John Hoar, Jr., Chairman, Bigelow, Hunt and An- 
thony Stevens. 

Sen. Claveau. 

HCR 7, establishing a joint committee to study federal funding 
from the Administration on Aging. 

Reps. Read, George B. Roberts, Jr., and Roderick H. 
O'Connor. 

Sens. Blaisdell and Downing. 



House Journal, 11Apr74 453 

HOUSE RESOLUTION referring section 2 of Senate Bill 23 
relative to consolidation of regional planning commissions. 

House Municipal and County Government. 

SB 1, providing for open and honest political campaigns in New 
Hampshire by requiring greater accountability and full 
disclosure of campaign contributions and expenditures; 
and protecting party loyalty by disqualifying defeated 
primary candidates from being nominated by petition 
under certain circumstances. 

House Statutory Revision. 

SB 13, establishing a combined horse and dog racing commis- 
sion. 

Senate Ways and Means and Administrative Affairs. 

SB 15, transferring permanent state prison employees from 
group I of the New Hampshire Retirement System to group 
II or from the State Employees' Retirement System to 
group n, and making an appropriation therefor. 

Fiscal Committee. 

SB 16, expanding the definition of "industrial facility" under 
the industrial development aiuhority to include post-sec- 
ondary educational facilities. 

Senate and House Education. 

SB 21, establishing a commission on children and youth. 
House Public Health and Welfare. 

SB 22 (Chapter 22), establishing a study committee to develop 
a plan to provide public assistance to private institutions 
of higher learning in this state and relating to the Lafayette 
Regional School District and Bethlehem School District. 

Sens. Jacobson and Green. Reps. D'Allesandro, Raymond 
and Copenhaver. Dr. Louis Vaccaro, New London; Dr. Leo 
Redfern, Keene; Dr. Jere Chase, Dover. 

SB 28, to establish standards of care and treatment of alcoholics, 
intoxicated persons and drug dependent people. 

House Public Health and Welfare. 



454 House Journal, 11Apr74 

SJR 3 (Chapter 27), establishing a committee to study highway 
safety and motor vehicle weight, length and width require- 
ments. 

Sens. Poulsen, Lamontagne and Downing. 

Reps. Arthur F. Mann, Bigelow, Parnagian, Duhaime and 
Cushman. 

Keith Vaskelionis, Nashua, Peter DeCato, Lebanon, (Third 
member to be appointed.) 

The commissioner of public works and highways, or his 
designee. 

The director of motor vehicles, or his designee. 

The manager of the New Hampshire Division of the Ameri- 
can Automobile Association, or his designee. 

The attorney general, or his designee. 

The chairman of the highway safety commission, or his 
designee. 

The director of legislative services, or his designee. 

SCR 1, referring the question of reclassification of certain high- 
way in the town of Clarksville to a joint legislative com- 
mittee. 

Senate Public Works and Transportation and House Pub- 
lic Works. 

SCR 2, referring the question of compensation for the town of 
Gorham to a joint legislative committee. 

Senate Public Works and Transportation and House Pub- 
lic Works. 

SENATE RESOLUTION establishing an interim committee 
to study oil companies and other energy suppliers. 

Sens. Porter, Chairman, Jacobson and Bossie. 

ANNOUNCEMENT 

Rep. Raymond replaces Rep. Weeks on the Fiscal Com- 
mittee. 

On motion of Reps. George B, Roberts, Jr., Coutermarsh, 
Chase and Drake the House adjourned at 6:59 p.m. 



Appendix 455 

APPENDIX 

The following statement was given to the House on March 
20, 1974 by Rep. Arthur M. Drake and was by error omitted 
from the Journal although referred to in debate on that day. 

Mr. Speaker, in order to keep the House properly advised 
as to their deliberations on the fiscal conditions of the State 
and the bills which lie before it, I have today prepared for you 
four reports, and I ask that they all be inserted in the Journal 
as an official document and report, so that there will be a clear 
record of our position. 

I would like to start with a comparative estimate of Un- 
restricted Revenues dealing with 1974 and 1975, based on an 
actual eight months of delivery of revenue in this current fiscal 
year. We reviewed every one of the agencies involved, on an 
item-by-item and agency-by-agency basis. The report which I 
have before me represents the ofhcial position of the Appropria- 
tions Committee on March 13th, in adopting the estimates of 
revision of revenue for 1974 and 1975, and we commend these 
to any future Committees of Conference dealing with subjects 
before this Session. 

The estimates show on the basis of an eight months' actual 
delivery, our adoption of a two million dollar increase in reve- 
nue in 1974 fiscal year over the official Committee of Conference 
Report on which the budgets were based in the last regular 
session. 

Based on the indefinite picture which we are still facing 
in regards to the downturn of traffic on our roads, we did not 
use that as a basis for projecting our figures, but reviewed again 
with the best information we had from the agencies involved, 
with the LBA staff, and our final determination for recom- 
mendation, a million nine downward revision in 1975 from the 
Committee of Conference Report of July 16 of '73. In effect, we 
have been that close to the estimates of revenue that this recom- 
mendation provides a $122,000 increase in the estimates of 
revenue from those used by the final Committee of Conference 
on the budget in 1973. We feel, and I have backup information 
which indicates the support of these estimates — there are some 
areas in which we differ. This document will show you where 
those differences are. They represent the department's position 
on March 1 2th of this year, the Appropriations Committee's 



456 House Journal 

adoption on that particular line. I would hope that I could get 
this inserted as a permanent part of the Journal, so that you may 
review them, and if there are subsequent questions you want to 
bring before this Floor and have the Committee answer any 
questions, we will be happy to. 

Having established what we consider to be a reasonable 
and legitimate base against which to measure the spending 
programs of the State, we have then revised first the Fish and 
Game Fund and its budgets and potential spending. We have, 
in fact, as you may have reviewed in House Bill 1, reduced the 
authority or the appropriation for Fish and Game to spend by 
over $300,000, because of a downturn in revenue, particularly 
in the non-resident sales. We have adopted and the Department 
concurs with new estimates of revenue for the Fish and Game 
Fund for 1974 of $2,365,000, and for 1975 fiscal year $2,405,000. 
This represents a downturn of $348,000 from the Committee of 
Conference estimates of Fish and Game funds in 1973. 

Against that, we have measured the budget ^vhich was re- 
vised and submitted in the form of House Bill 1, plus the pro- 
vision for payment back into the Retirement System of the 
Fish and Game obligation of $109,000, plus provisions for 
Workmen's Compensation payments, which are now set up so 
that they are paid on a regular basis, instead of an annual deficit 
basis, and we estimate that the unappropriated surplus of the 
Fish and Game Fund on June 30, 1975, at the end of the bien- 
nium, will be $164,200. Against that, the potential for spending 
in this Session is that portion of the Fish and Game Fund which 
will be covered in the salary pay bill. My recollection of that is 
that it is approximately $136,000, which would, in fact, leave the 
Fish and Game Department virtually at a zero balance in June 
30, 1975, where once again their lapses from their appropria- 
tions would be their balance. 

In adopting the revenues relating to the Highway Fund, I 
must confess that we have a difference of opinion between the 
LBA's Office, the Appropriations Committee, and the Depart- 
ment of Safety and the Highway Department. The Department 
of Safety, who are charged with the collection of the taxes levied 
under Gasoline Road Toll and Motor Vehicle Fees, concur 
with Committee recommendations. The Highway Department 
differs in the field of Motor Vehicle Fees and Gasoline Road 
Tolls. We feel that ours are the accurate and reasonable con- 



Appendix 457 

elusions that can logically be drawn. What these do reflect is a 
downturn in revenue, and we have restructured the Highway 
budget in House Bill 1 accordingly, that it was a downturn 
which we handled by revision of the entire budget of $9.6 
million in the biennium dealing with the Highway funds. 

The major change has been the Motor Vehicle Fees, where 
we now have concurrence by the Safety Department that they 
were a million two hundred thousand dollars low in the esti- 
mates ^vhich we adopted last June, based on the Department's 
estimates in the Motor Vehicle Fees. This has been an offset 
against the loss of Highway Funds Gasoline Tax Avhich would 
enable them to maintain their budget level. One major area of 
change actually occurred after we left here July 1st, because 
of the change of federal matching with the State, whereby they 
are now funding at a 70% level on Primary Road Reconstruc- 
tion and Interstate, instead of the old 50-50 in the Primary 
Road Reconstruction. This allowed us to reduce Highway's 
commitments to those programs by five million dollars in this 
budoet. 

O 

Secondly, we took out 2.8 million dollars of previously 
authorized construction and reconstruction, and half a million 
dollars of Equipment, to bring their budget into reasonable 
balance against available funds. As this report will show you 
when you have a chance to examine it, we are projecting that 
the estimated surplus in the Highway Fund as of June 30, 1975 
will be $1,943,000. The potential charges against that exist only 
in the form of the salary bill and the mileage bill, which total 
between them $1,300,000, which would leave an estimated sur- 
plus of $643,000 at the end of the biennium for the Highway 
Fund. 

The next one is, of course, the most difficult one, because 
it involves so many things, and that is the General Fund. This 
report, which will be printed in the Journal, reflects the esti- 
mates of revenue as presented by the Appropriations Committee 
and approved by the Appropriations Committee, which show 
that in 1974 we started the fiscal year with an unappropriated 
surplus of 21.2 million dollars. We add revenues for estimated 
unrestricted revenue of $126 million and federal revenue shar- 
ing of $6.4 million, and deduct the debt service of four million 
and the reimbursement to the Towns and Cities of 21 million. 
We come up with an estimated revenue available for expendi- 



458 House Journal 

ture in 1974 of 107 million dollars, 21 million dollar surplus, 
or $128 million, and if we take away from that the legislative 
specials during the 1973 Session and the Operation Budget, 
which was enacted in Chapter 376, it shows that we would end 
the year on July 1st of this year, for fiscal 1974, of 20.1 million 
dollars as the estimated surplus. 

We go to the fiscal year 1975 and do the same exercise 
which shows unrestricted revenue of $129 million and federal 
revenue sharing of $6.5 million, less the debt service and the 
reimbursement to locals, which grows at the rate of 1.1, 1.2 and 
1.3 million dollars a year. We would end up with estimated 
fimds available for Operating Expenditures of $108,860,000 
plus the 20 million dollars surplus, for $129,000,000. Deduct 
from that the legislative specials and the operating budgets, and 
the surplus that you all have been hearing and discussing that 
we were considering when we came into Special Session would 
still rest at 13.8 million dollars. From that point forward, this 
report would show Avhat proposed spending there is in 1974 
fiscal year in House Bills already passed into the Senate, Senate 
Bills already passed into the House of $1,175,000 and for 1975 
of House Bills passed into the Senate and Senate Bills passed 
into the House of $10,797,000. I think we can give you a little 
better revision of total on that by going to a fiscal explanation 
of the potential surplus expenditures. If \ve started with an 
estimated surplus on July 1st of 1975 of the 13.8 million dollars, 
deduct from that the AFDC Contingency Fund which was in the 
last budget, I am sure you are aware that Governor and Council 
authorized expenditure against that footnote of $1,750,000 
either last week or the week before, to maintain. That is a firm 
commitment against that surplus. There also remains a 21 
million dollar liability against that program for the balance of 
1975 which we feel has to be taken off that surplus not available 
to spend for other purposes. 

Deduct further the loss of Department of Resources and 
Economic Development revenue for this past season of $650,000. 
You get down at that point to 8.4 million dollars. Then if you 
deduct less House Bills passed to the Senate of $10,092,000, you, 
at that point, in reference to the 13.8 million dollars, will have 
overexpended by a million six. Less Senate Bills passed to the 
House of $2,880,000, and you get a balance of expenditure level 
above the 13.8 million estimated as available of $4,494,000. In 



Appendix 459 

effect, what you are then permitting if all of these bills passed, 
is that much money out of the surplus of lapses and adjustment 
for lapses. 

I have before me a review of the lapses in 1970, 71, 72 and 
73, and these are by Comptroller public statements of $4,863,000 
for 1970. These are the lapses and adjustments for lapses. For 
1971, which is the second year of the biennium, 5.955 million 
dollars. For 1972, a 3,316,000 lapse. For 1973, a 4,970,000 lapse. 
Which leads us up to the final position of in previous years and 
previous discussions using two and one-half million dollars as 
the estimate of lapses which would be the surplus, and at this 
point I am perfectly willing to accept and defend on what has 
actually been performed by a reviews' of the Salary Adjustment 
Fimd. The Salary Adjustment Fund in the last biennium, for 
the two-year period, showed a lapse of a million eight hundred 
thousand. For the first eight months of this fiscal year the Salary 
Adjustment Fund stands at 1.4 million dollars. There has been 
a very substantial increase. Fm sin^e you are all aware that this 
is primarily connected with the Executive Orders which pre- 
vented the spending of money which was previously appropri- 
ated for both Equipment and Personnel. 

It is my firm opinion that an estimated lapse of five million 
dollars for 1974 and four million dollars for 1975 is a completely 
justified estimate of availability of fimds through lapses, which 
would give for the biennium a nine million dollar lapse figure. 
In essence, all the bills and all of the proposed spending would 
then reduce this proposed lapse position by one-half, so that if 
everything passes as it now stands, there would be an estimated 
surplus from lapses of 4.5 million dollars at the end of the 
biennium, and the final note of caution I would have to add 
because I think that if you do what I have done and do a simple 
arithmetic reduction in these pages, 1974 and 1975 fiscal years, 
I have to advise you, you can do it yourself, but I think the 
factual presentation is there, that in 1975 fiscal year, if all bills 
passed, this legislature will be embarked on a spending program 
of 20 million dollars in excess of its actual revenue. Regardless 
of where the money comes from, from lapses or from surplus, 
you will actually be approving spending twenty million dollars 
in excess of your actual revenue for 1975. 



460 House Journal 

HOUSE JOURNAL 
SUBJECT INDEX 

The index on the pages immediately following refers to bills, joint resolu- 
tions, and concuiTent resolutions by number. Other subject matter including 
roll calls have references to page number. 

The Numerical Index following this index gives the page references to all 
action on numbered bills, joint resolutions, and concurrent resolutions. 

The abbreviations listed below are used in this Subject Index: 

adop adopted 

am amended, amendment (s) 

res resolution 

A 

Accounting practitioners, public accountants permitted to form pro- 
fessional associations HB 16 

Actuary study of cost of living increases for retirement systems SB 18 am 

Administrative procedure act, certain regulations of public works and 
highways exempt; fish and game department exempt until 

June 30, 1975 HB 24 am 

Aged 

minimum income guaranteed; liens against property repealed HB 26 

property tax exemptions 

graduated from ages 65 to 80; net income conditions increased SB 2 

graduated from ages 70 to 80; net income conditions increased SB 34 

Aging, Administration on, federal funding from, study HCR 7 

Agricultural fairs, physical improvements, tax portion of pari-mutuel 

pools HB 32 am 

Agriculture department, standardbred breeders and owners develop- 
ment agency SB 10 

Ahern, William J., former representative, gavel of, presented 258 

Ainley, Rep. Greta M., elected vice-president of OWLS 396 

Alcohol and drug abuse program, comprehensive treatment of alcoholics SB 28 
Alcoholic beverages, business profits tax exemption when manufactured 

out of state and sold to state SB 29 

Allard, Rep. Edmond, res on death 234-235 

Alton, town of, included in Winnipesaukee River basin pollution con- 
trol system HB 33 

Alukonis, Rep. Stanley, birthday 85 

Appropriations 

capital improvements HB 2 

supplemental, fiscal 1974 and 1975 HB 1 

Attorney general 

advisory opinion request re manpower training and other federal 

programs, res 248, adop 320 
consumer protection division, guidelines for mobile homes, rules and 

regulations SB 12 

B 

Barrus, Rep. George A., guest chaplain 85 

Beaulieu, Rev. Joseph Y., chaplain, commendation, res adop 441-442 

Bell, Rep. Kenneth G., retirement tribute 440-441 

Berlin, city of 

election of delegates to constitutional convention, March 12, 1974 SB 14 

industiial facilities, revenue bonds may be issued SB 31 

Bethlehem 

school district cooperative authorized with Lafayette regional school 

district; referendum SB 22 am 

town of, meeting legalized SB 9 am 



Subject Index 461 

Bigelow, Rep. L. Waldo, birthday S'l 

Bills 

automated status system demonstrated 442443 

procedures for handling follo^ving final action 421-422 

Blind, minimum income guaranteed HB 26 

Boats, number plates, changeable effective date designations HB 24 

Bunds 

housing authorities, interest rate increased HB 20 

state, for docking facilities and fishing piers on seacoast SB 17 am 

Boucher, Rene, mileage compensation SJR 1 

Brentwood, town of, meeting legalized SB 9 am 

Budget, capital HB 2 

Business profits tax exemption, alcoholic beverages and wine sold to 

state SB 29 



C 

Candidates. See: Elections 

Canney, Rep. Ralph W., death, expression of appreciation from Mrs. 
Canney 23, res 235 

Capital improvements appropriation HB 2 

fishing piers and docking facilities on seacoast SB 17 am 

Mt. Washington summit SB 7 

Capital punishment for capital minder SB 27 am 

Chancellor, UNH, appointment HB 21 am 

Chaplain. See: Beaulieu, Rev. Joseph Y. 

Chester, town of, meeting legalized SB 9 am 

Children 

and youth, N.H. commission SB 21 

dependent, aid to families, supplemental appropriation HB 4 

handicapped, education 

non-public schools, curriculum approval by state board of education 

before expenditures of public money HB 21 am 

school districts' tuition payments other than specified HB 29 

termination of parental rights, form of notice SB 8 am 

Cities 

halfway houses for persons under 21, appropriations permitted .... HB 7 am 
mass transportation, intergovernmental agreements; optional referen- 
dum HB 7 am 

oil refineries, local option HB 18 am 

planning boards, one member may serve on conservation commission SB 23 am 

Claims against N.H., Boucher, Rene SJR 1 

Clarksville, highway reclassification study SCR 1 

Clerk and assistant, compensation same as in regular session; res adop 8 

Cogswell, Rep. Charlotte P., res on death 234-235 

Collective bargaining 
state employees, representative organizations, non-members, service 

fees in lieu of membership dues HB 14 

UNH, academic employees included; bargaining units restructured . . . HB 14 
Conununity antenna television systems, franchises granted by cities and 

towns SB 24 am 

Condemnation. See: Eminent domain 
Conservation 

commissions, one member may serve on planning board SB 23 am 

critical lands HB 22 

officers, overtime pay HB 40 

Consumer protection, mobile homes, rules and regulations, guidelines. ... SB 12 

Conway, Rep. Frank T., res on death 235 

Cooperative regional planning commissions SB 23 am 

Cost of living increases, retired members of state retirement systems; 

actuarial study SB 18 am 

See Nimierical Index following for action on bills 



462 House Journal 

Cote, Rep. Margaret S., birthday 229 

Criminal code, murder, definitions and penalties SB 27 am 

Critical lands commission HB 22 

Current use advisory board transferred to revenue administration de- 
partment HB 12 

D 

Dairy products. See: Milk 

Death penalty for capital murder SB 27 am 

Deer hunting, limitations HB 10 

Descent and distribution, passage of testate and intestate property SB 8 

Desilets, Rep. Romeo A., res on death 235 

Disabled, permanently and totally, minimum income guaranteed; liens 

against property repealed HB 26 

Dog racing, pari-mutuel pools, commission increased; tax rate amended . . HB 32 
Drake, Rep. Arthur M., report and remarks on fiscal condition of the 

state 240-246, 455-459 

Drugs, abuse. See: Alcohol and drug abuse 

Durham, town of, bond issue vote for water system improvements 

legalized SB 33 

£ 

Education. See also: Schools 

children in institutions, tuition liability of district of parents' resi- 
dence on Jan. 1 HB 29 am 

handicapped children, non-public schools, curriculum approval by 

state board of education before expenditures of public money HB 21 am 

higher, public assistance to private institutions, study SB 22 am 

Elderly. See: Aged 
Elections 

candidates, national party conferences, declaration HB 8 

political expenditures increased HB 19 

political parties. See: Political parties 
Electric utilities, termination of services, good cause and notice required SB 19 

Emergency diagnostic detention of mentally ill, 30 day limitation HB 30 

Eminent domain, railroad properties, acquisition by public utilities 

commission HB 31 

Energy 

administrator HB 5 am 

facilities, study HB 34 am 

facility evaluation committee, terms and conditions of permits for 

constructing oil refineries HB 34 

suppliers, policies, study SJR 2 

Enfield, town of, meetings legalized SB 9 am 

Exeter, town of, meetings legalized SB 9 am 

F 

Fairs, agricultural, physical improvements, tax portion of pari-mutuel 

pools HB 32 am 

Federal 

credit programs, policies and guidelines re implementation of circu- 
lar No. A-70, res adop 438-440 

food stamp program HB 3 

funding from the Administration on Aging, study HCR 7 

manpower training and other federal programs, attorney general 
opinion request, res 248, adop 320 

Firearms, unloaded, on off highway recreational vehicles HB 27 

Firemen's retirement system 

cost of living increase SB 18 

members may transfer to N.H. retirement system July 1, 1975 HB 35 

Fiscal conunittee. See: General court, fiscal committee 



Subject Index 4G3 

Fish and game 

deer, limitations on hunting bucks in particular areas HB 10 

licenses, special for pheasants HB 10 

regulations, certain ones exempt from publication in newspaper . . HB 24 am 

Fishing industry, memorializing congress HCR 3 

Flat grant payments under public assistance HB 4 am 

Fletcher, Rep. Ernest W., res on death 235 

Food stamp program HB 3 

Franchises 

agreements between gasoline suppliers and dealers regulated SB 20 

community antenna television systems granted by cities and towns. . SB 24 am 
Franklin Pierce Law Center, degree granting powers; post-secondary 

education commission revie^v HB 28 

Frost, Robert, day proclaimed in honor of HCR 6 

Fuel administrator. See: Energy administrator 

G 

Gas utilities, termination of services, good cause and notice required .... SB 19 

Gasoline service stations. See: Motor vehicles, service stations 

Gay, Rep. Charles H., res on death 235 

General court 

adjournment 452 

bills. See: Bills 
fiscal committee 

members, changes 454 

N.H. retirement system, group II, prison employees transferred to, 

study SB 15 

joint convention, governor's address 9-17 

schedule of legislative days HCR 5 

special session called 1 

Gilford school district, meeting legalized SB 9 am 

Goodrich, Rep. Vera E., birthday 249 

Gorham, town of, compensation for trenching water pipes, study SCR 2 

Governor (Meldrim Thomson, Jr.) 

address, opening 9-17 

and council, motor vehicles, speed limits, temporary HB 24 

vetoes, increasing political expenditures (HB 19) 276-279 

Greyhound racing. See: Dog racing 

Group homes. See: Halfway houses 

H 

Hackler, Rep. Jacob M., res on death 235 

Halfway houses for persons under 21, cities and towns may appropriate 

money for HB 7 am 

Hampton Falls school district meeting legalized SB 9 am 

Hampton, fishing pier and boating facilities, capital improvements 

appropriation SB 17 am 

Handicapped children, education 

non-public schools, curriculum approval by state board of education 

before expenditures of public money HB 21 am 

tuition payments other than specified HB 29 

Haverhill school district meeting legalized SB 9 am 

Highways 

classification, Clarksville, study SCR 1 

hitchhiking permitted when not on paved portion of highway HB 37 

Historic 

district commission, planning board member optional SB 23 am 

preservation 

office and review board, appropriation SB 11 

under authority of critical lands commission HB 22 

Hitchhiking. See: Soliciting rides 

Home for the elderly, N.H. nurses' salaries increased, overtime pay HB 40 

See Numerical Index following for action on bills 



464 House Journal 

Homeowners tax exemption 

or elderly exemption, elderly to have option where former has been 

adopted SB 34 

valuation over $8,000 SB 2 am 

Homicide. See: Murder 

Horses, standardbred breeders and owners development agency; sire 

stakes program SB 10 

Hospital, N.H. 

correctional psychiatric aides, hazardous duty pay, appropriation . . HB 11 am 

employees engaged in patient care, differential pay increase HB 11 am 

nurses, salaries increased, overtime pay HB 40 

patients or inmates, expense rates based on categories HB 29 am 

House of Representatives 

bills. See: Bills 

informed that Senate has assembled for special session 8 

journal. See: Journal, House 

meeting, cancellation by speaker in case of hazardous weather conditions ... 8 

meeting time 23, 219 

members 

qualified 2, 200 

twenty or more years of service in the general court, res 248-249 

mileage. See: Mileage, legislative 

sessions recorded on tape, res adop 9 

speaker. See: Speaker 
Housing authorities, bonds, interest rate increased HB 20 

I 

Industrial development facilities, Berlin and Keene SB 31 am 

Institutions, education of inmates under 21, tuition liability of district 

of parents' residence on Jan. 1 HB 29 am 

Interstate 

cooperation, railroad properties, joint purchase HB 31 

transportation agreements between governmental imits HB 7 

Intoxication. See: Alcoholism 

J 

Jackson, Miriam, in memory of HCR 1 

Joint conventions. See: General court, joint convention 

Journal, House, prepared from tapes, res adop 9 

Judges. See: Superior court; Supreme court 

K 

Keene 

city of, industrial facilities, revenue bonds may be issued SB 31 am 

state college. See: University of N.H. 

L 

Laconia 

city of, ward lines changed, referendum HB 15 

state school 

employees engaged in patient care, differential pay increase .... HB 11 am 

nurses, salaries increased, overtime pay HB 40 

Lafayette regional school district, cooperative authorized with Bethle- 
hem school district; referendum SB 22 am 

Land, classification of certain areas as critical HB 22 

Landlord and tenant. See also: Mobile home parks 
standards of fitness violated, actions for rent not maintained; re- 
prisals prohibited SB 6 

Law enforcement employees, standard work week reduced, overtime pay 

increased SB 3 

Licen.ses, fish and game. See: Fish and game, licenses 



Subject Index 465 

London, Roy M., former representative, res on death 235 

Londonderry school district, debt limitation increased HB 9 

Lovejoy, Rep. Henry M., res on death 235 

M 

Manpower training and other federal programs, attorney general opin- 
ion request, res 248, adop 320 

Mentally ill, commitment, detention, and discharge procedures HB 30 

Merrimack county, register of probate, assistant for a specific assign- 
ment HB 30 

Mileage 

legislative, report 249-250 

state officials and employees, increased to 12 cents HB 17 

Milk, sale in 3 quart containers HB 36 

Mobile home parks, rules and regulations; tenant furnished with copy SB 12 am 
Motor vehicles 

driver training in secondary schools, regulation of, director of motor 

vehicle replaced by safety commissioner HB 24 am 

manufacturers, distributors, and dealers, regulation of business prac- 
tices, termination date repealed HB 13 

number plates, changeable effective date designation; free replace- 
ment after one year of use HB 24 am 

privileges free to disabled veterans, unemployable requirement re- 
pealed HB 24 am 

service stations, franchise agreements between suppliers and dealers 

regulated; motor fuel prices posted SB 20 

speed limits, temporary, set by governor and council HB 24 

trucks, weight, length, and width requirements, study SJR 3 

Mt. Washington summit, capital improvements, appropriation SB 7 

Murder, definitions and penalties SB 27 am 

N 
National party conferences, delegates, election, 2nd Tuesday in Sep- 
tember HB 8 

New Castle, town of, meeting legalized SB 9 am 

N.H. network, employees, salary increase HB 1 1 am 

Nurses 

registered, permitted to form professional associations HB 16 am 

state institutions, salaries increased, overtime pay HB 40 

O 

O'Connor, Father Francis J., assistant chaplain 1 

Off highway recreational vehicles, imloaded firearms permitted HB 27 

Oil 

companies, policies, study SJR 2 

454 

refineries 

in cities and towns, local option HB 18 am 

permits from energy facility evaluation committee HB 34 

Old age survivors insurance, additional appropriation HB 11 

O'Neil, Rep. James E., Sr. See: Speaker 

Open space land, classification, appeals to board of taxation or superior 

court HB 12 

P 

Parental rights, termination, form of notice SB 8 am 

Pari-mutuel pools, dog racing, commission increased; tax rate amended . . HB 32 
Petroleum products 

franchise agreements between suppliers and dealers regulated SB 20 

refined in state, tax rate HB 34 

Pheasant hunting, special license; stamp fee HB 10 

Pillsbury, John, former representative, re the life of Robert Frost 233 

Pistols, unloaded, permitted on off highway recreational vehicles HB 27 

Pittsfield, town of, special meeting legalized SB 9 am 

See Numerical Index following for action on bills 



466 House Journal 

Planning boards. See also: Regional planning 

cities, one member may serve on conservation commission SB 23 am 

Plymouth state college. See: University of N.H. 
Policemen's retirement system 

cost of living increase SB 18 

members may transfer to N.H. retirement system July 1, 1975 HB 35 

Political 

expenditures increased HB 19 

parties, national conferences, election of delegates 2nd Tuesday in 

September HB 8 

Pollution control. See: Water supply and pollution control commission 
Port authority, capital improvements, appropriation; oil and gas re- 
fineries prohibitions SB 17 am 

Portsmouth, fishing pier, capital improvements appropriation SB 17 am 

Prison, state. See: State prison 

Professional associations, public accountants and registered nurses per- 
mitted to form HB 16 am 

Public assistance. See also: Welfare 

to private colleges, study SB 22 am 

Public health services, alcoholics, comprehensive treatment SB 28 

Public utilities 

commission, acquisition and sale of railroad properties, transfer of 
power to transportation authority upon approval by general 
court HB 31 am 

termination of gas and electric service, good cause and notice required SB 19 

R 

Racing 

dogs, pari-mutuel pools, commission increased; tax rate amended HB 32 

harness, sire stakes program SB 10 

Railroads 

acquisition and sale by public utilities commission, transfer of power 

to transportation authority upon approval by general court . . HB 31 am 

conditions in N.H., study HCR 2 

Regional planning commissions, cooperative, study res adop 331-332, 453 

Regional Rails Reorganization Act of 1973, railroad properties, public 

utilities commission to comply with HB 31 

Registers of probate, commitment procedures of mentally ill HB 30 

Resources and economic development department, historic preservation 

office SB 11 

Retirement provisions for supreme and superior court justices SB 26 

Retirement system, N.H. 

additional appropriation HB 11 

cost of living increase; actuarial study HB 18 am 

group II 

prision employees transferred to SB 15 

retirement after 20 years; assessments increased HB 35 

Revenue administration department, current use advisory board HB 12 

Rochester, city of, police commission abolished, chief appointed by 

mayor; referendum HB 23 

Roll calls 
HB 19, increasing the amount of political expenditures authorized 
for candidates in primai7 and general elections seeking the office 
of governor, U.S. senator, representative in congress, governor's 
councilor, county officer, state senator or representative to the gen- 
eral court. Question, pass over governor's veto. Yeas, 146; Nays, 180 310-313 
HB 22, establishing a critical lands commission; providing for the 
classification of certain land areas of the state as critical and making 
an appropriation therefor. Question, substitute inexpedient for 

ought to pass with amendment. Yeas, 212; Nays, 117 35-38 

HB 34, re energy facility evaluation, siting, construction, and o23Lra 
tions and providing a tax on refined petroleum products. Question, 
pass with amendment. Yeas, 109; Nays, 233 18r)-188 



Subject Index 467 

Roll calls (continued) 

HB 35, providing for 20 years retirement for members of group II 
under the N.H. retirement system, permitting the transfer of mem- 
bers of the N.H. firemen's retirement system and of the N.H. police- 
men's retirement system into the N.H. retirement system and 
making an appropriation therefor. Question, substitute ought to 

pass for refer to study committee. Yeas, 229; Nays, 91 158 161 

SB 2, to provide fairer real estate taxes for the elderly through a 
partial exemption from real estate taxes for persons sixty five years 
of age or older under certain circumstances, and compensating cities 
and towns for consequent loss of tax base and making an appropria- 
tion therefor, and making certain revisions in the homeowners' 
exemption law. Question, adopt conference committee report. Yeas, 

206; Nays, 83 4\2Al?> 

SB 27, to better protect the safety of N.H. citizens and law enforce- 
ment officers by changing penalties for homicide in certain circum- 
stances. Question, substitute ought to pass with amendment for 

ought to pass. Yeas, 201; Nays, 101 302-305 

Rowell, Jesse R., fonner representative, res on death 235 

Roy, Thomas J., capitol policeman, consideration of disabled house 

members, res adop 437-438 

Roy, Rep. Vesta M., birthday 288, birth of grandson 396 
Rules, House 

1973 session continued with amendments, res adop 17-18 

rule 28 (b) (notice of reconsideration effective only for next legislative- 
day) am adop 18 

rule 32 (v) (duties of ways and means committee) am adop 18 

rule 38 (bills, how introduced) am adop 18 

rule 43 (hearings to be advertised at least one day in calendar) am 

adop 18-19 

Rules, joint 

legalizing action taken by rules committees for scheduling and hold- 
ing hearings, res adop 19, Senate concurred 40 
rule 23 (conference committee title and subject changes must be 
germane to bill as originally submitted) am adop 20, reconsidera- 
tion rejected 21 
rule 32, neither house shall adjourn for longer than 5 days without 

the consent of the other HCR 4 

Rye 

fishing pier and boating facilities, appropriation of funds remaining 

after completion of Hampton facilities SB 17 am 

town of, meetings legalized SB 9 am 

S 
Safety commissioner to replace motor vehicles director in promulgating 

regulations for driver training HB 24 am 

Salem, town of, meeting legalized SB 9 am 

Salisbury, town of, meetings legalized SB 9 am 

School districts 

cooperative, Lafayette regional and Bethlehem; referendum SB 22 am 

handicapped, tuition payments other than specified HB 29 

meetings, March 5, 1974, warrant posted on Feb. 19, 1974, legalized . . SB 9 am 
tuition liability for institutionalized children, residence of parents on 

Jan. 1 HB 29 am 

Schools 

non-public, handicapped children, curriculum approval by state board 

of education before expenditures of public money HB 21 am 

safety patrols SCR 3 

supervisory unions, federal grant accounts separate from operating 

budget HB 21 am 

Scribner, Rev. Gerald, guest chaplain 196 

Seabrook school district, meeting legalized SB 9 am 

See Numerical Index following for action on bills 



468 House Journal 

Senate, informed that House has assembled for special session 3 

Sentences, murder SB 27 am 

Sewage disposal systems, rules and regulations, noncompliance, penalties 

and forfeitures SB 4 

Shirley, Wayne, former representative, res on death 2S5 

Sire stakes program SB 10 

Smith, Eileen, state house nurse, letter of thanks 17 

Soliciting rides when not in paved portion of highway permitted HB 37 

Somersworth, city of, elected officials retained until next regular elec- 
tion; delegates to constitutional convention elected from wards 
established prior to 1973 HB 23 

Southard, Rep. Elmer H., res on death 235 

Speaker 

cancellation of meeting in case of hazardous weather conditions 8 

speech delivered at the state university of New York at Albany printed 220-229 

Spollett, Rep. Doris M., honorary chairman of Hampstcad board of 

selectmen 174, open house for, by town of Hampstead 437 

Standardbred breeders and owners development agency SB 10 

State employees 

collective bargaining, university academic employees included; seiTice 

fees for non-members in lieu of membership dues HB 14 

executive order's preventing the hiring of new personnel, supreme 

court decision printed r)3-60 

mileage increased to 12c HB 17 

overtime pay HB 6 

salaries increased HB 1 1 

to fill existing vacancies HB 40 

State employees retirement system, cost of living increase SB 18 

State officials 

certain salaries increased HB 1 1 

mileage increased to 12c HB 17 

State prison 

employees transferred to N.H. retirement system, group II SB 15 

personnel, hazardous duty pay, appropriation HB 11 

Study commissions, committees, and assignments 451-454 

aged, blind, and disabled, minimum income guarantee HB 26 

alcohol and drug abuse treatment SB 28 

children and youth commission SB 21 

Clarksville, highway reclassification SCR 1 

collective bargaining for state employees HB 14 

education, higher, public assistance to private institutions SB 22 am 

energy facilities HB 34 am 

federal funding from the Administration on Aging HCR 7 

Gorhani, compensation for trenching water pipes SCR 2 

motor vehicles, weight, length, and width requirements SjR 3 

N.H. retirement system, group II, prison employees transferred to SB 15 

oil companies policies SJR 2 

political expenditures and contributions SB 1 

port authority facilities SB 17 am 

railroad conditions in N.H HCR 2 

regional planning commissions, cooperative 331-332 

unemployment in N.H., reporting date changed HB 25 

water supply and pollution control commission HB 33 am 

Superior court, justices, retirement benefits SB 26 

Supreme court 

appeals from decisions of 

board of taxation re open space land classification HB 12 

energy facility evaluation committee HB 34 

decision printed, executive orders preventing the hiring of new state 

employees 53-60 

justices, retirement benefits SB 26 

opinion requested, providing a tax on refined petroleum products re 
HB 34 (division II) 188-189, printed 253-258 



Subject Index 469 

Surviving spouse, passage of testate and intestate property to SB 8 am 

Sylvain, Rep. Donald, res on death 235 

T 

Taxation board, appeals to, on classification for open space land HB 12 

Taxes. See also: Business profits tax 
exemptions 

elderly, cities and towns compensated by state for loss of taxable 

valuation SB 2 am 

SB 34 
elderly, graduated from ages 65 to 80; net income conditions increased SB 2 
elderly, graduated from ages 70 to 80; net income conditions in- 
creased; option of homeowners' exemption or elderly exemption.. SB 34 

homeowners, valuation over $8,000 SB 2 am 

pari-mutuel pools, dog racing, rate amended HB 32 

petroleum products refined in state HB 34 

Teacher's retirement system, cost of living increase SB 18 

Television, community antenna, franchises granted by cities and towns SB 24 am 
Tenant. See: Landlord and tenant 
Thomson, Meldrim, Jr. See: Governor 

Town meetings, March 5, 1974, warrant posted on Feb. 19, 1974, legal- 
ized SB 9 am 

Towns 

halfway houses for persons under 21, appropriations permitted HB 7 am 

oil refineries, local option HB 18 am 

transportation, agreements with other governmental units HB 7 

Transportation. See also: Railroads 

authority, acquisition and sale of railroad properties, transfer of 
power from public utilities commission upon approval by general 

court HB 31 am 

public, agreements between governmental units HB 7 

Trombly, Rep. Hector, res on death 235 

U 

Unemploymen t 

compensation benefits not denied if transportation to place of busi- 
ness is not available SB 5 am 

in N.H., study, reporting date changed HB 25 

Uniform acts, alcoholism and intoxication treatment, adaptation SB 28 

University of N.H. 

chancellor, appointment of; included as trustee HB 21 am 

collective bargaining, academic employees included; bargaining units 

restructured HB 14 

docking for marine science facilities on seacoast, capital improvements 

appropriation SB 17 am 

employees, salary increase, appropriation HB 11 am 

hockey team, res of congratulations 30 

V 

Vachon, Rep. Marcel A., res on death 235 

Veterans 

disabled, unemployable requirement for free motor vehicle privileges 

repealed HB 24 am 

home, nurses, salaries increased, overtime pay HB 40 

Veto. See: Governor 

\V 

Warner villages fire district, meetings legalized SB 9 am 

Water supply and pollution control commission 

sewage disposal rules and regulations, noncompliance penalties SB 4 

study ■ • ■ HB 33 am 

Winnipesaukee River basin, reasonable assessment of municipalities . . HB 33 
See Numerical Index following for action on bills 



470 House Journal 

Weights and measures, milk, sale in 3 quart containers HB 36 

Welfare 

aid to families with dependent children, consolidated standards except 

shelter set by director HB 4 am 

division, food stamp program, appropriation HB 3 

Wildlife sanctuaries, authority of critical lands commission HB 22 

WiUs. See: Descent and distribution 

Wilmot, town of, special meeting legalized SB 9 

Wines, business profits tax exemption when sold to state SB 29 

Winnipesaukee River basin pollution control, proportional assessment 

of municipalities HB 33 am 

Witness fees and mileage increased SB 3 am 

Y 

Youth. See also: Children 
development center 
employees engaged in patient care, differential pay increase . . . HB 11 am 
nurses, salaries increased, overtime pay HB 40 



Numerical Index 471 

HOUSE JOURNAL 
NUMERICAL INDEX 

This index, arranged by bill and resolution number, gives page numbers 
for all action in the House on each numbered bill and resolution. They are listed 
in the following order: 

HB House Bills 

HCR House Concurrent Resolutions 

SB Senate Bills 

SJR Senate Joint Resolutions 

SCR Senate Concurrent Resolutions 

To find a bill by its subject, see the Subject Index immediately preceding 
this Numerical Index. 

All matters not contained in bills or resolutions will be found in the Subject 
Index. 

The abbreviations listed below arc used in the Numerical Index: 



adop 
am 


adopted 

amended, amendment (s) 


Approp 


referred to Appropriations committee 


com 


committee 


cone 


concurred 


conf 


conference, referred to committee of conference 


enr 


enrolled 


Fiscal com 


referred to Fiscal committee 


Intro 


introduced 


IP 
K 


indefinitely postponed 
killed 


LT 


laid on table 


nonconc 


nonconcurred 


psd 
RC 


passed 
roll call 


re 


relative to, relating to 


recon 


reconsideration 


rej 


rejected 


r 


report 
Senate 


S Ct opin req 

Study 

wthd 


Supreme Court opinion requested 
referred to a study committee 
withdrawn, withdrew 




HOUSE BILLS 



HB 1 Making supplemental appropriations for expenses of certain departments 
of the state for the fiscal years ending June 30, 1974 and June 30, 1975 and 
making other biidgetaiy changes. (Drake of Coos 3) 

4, am 86-152, recon rej 164, psd 169, nonconc S am, conf 309, 319, 352, rep 
adop 387, 388-396, enr 404. sent to governor 422-423 signed 426, 449 (Chapter 
40) 

HB 2 Making appropriations for capital improvements. (Mann of Hil. 3, Ray- 
mond of Ches. 12) 

4, am & Approp 63-74, am 202-218, psd 220, nonconc S am, conf 290, 319, rep 
adop 358-375, enr 404, sent to governor 423, signed 426-428, 449, com members 
appointed 451 (Chapter 38) 

HB 3 Re establishment of a food stamp program and making an appropriation 
therefor. (D'AUesandro of Hil. 34 et al) 

4, Approp 48, am 152-153, recon rej 164, psd 169, S cone 292, enr 293, sent to 
governor 348, enacted without signature 352-354, 422 (Chapter 14) 
See also Subject Index preceding this index 



472 House Journal 

HB 4 Providing supplemental grants to families with dependent children and 
making an appropriation therefor. (Brungot of Coos 8 et al) 
First new title: Providing supplemental grants to families with dependent 
children and making an appropriation therefor and authorizing flat grant 
payments for categorical assistance. 

Second new title: Providing supplemental grants to families with dependent 
children and making an appropriation therefor and authorizing consolidated 
grant standards for categorical assistance excluding shelter. 

4, am & Approp 47-48, am 153-154, recon rej 164, psd 169, nonconc S am, conf 
324, 336, rep adop 357-358, enr 403, sent to governor 423, enacted without signa- 
ture 429-430, 451 (Chapter 48) 

HB 5 Establishing an emergency energy authority and making an appropriation 
therefor. (Coutermarsh of Hil. 24, LaRoche of Str. 11) 
New title: Re the office of energv administrator. 

4, am &: Approp 74-77, am 189-190, psd 195, nonconc S am, conf 308, 318, new 
conf 400, 404, 2d new conf 405, conf discharged 407 (K) 

HB 6 Providing overtime pay for certain classified state employees, and making 
an appropriation therefor. (Noble of Mer. 21) 
4, K 24 

HB 7 Permitting municipalities to establish, acquire, maintain, and operate 
public transportation facilities in cooperation with governmental units of ad- 
joining states and permitting broader cooperation in furnishing of municipal 
services. (Chambers of Graf. 13 et al) 

New title: Permitting municipalities to establish, acquire, maintain, and operate 
public transportation facilities in cooperation with governmental units of 
adjoining states; permitting broader cooperation in furnishing of municipal 
services; and permitting cities and towns to appropriate money for group 
homes. 

4, am 40-41, psd 51, nonconc S am, conf 252, recon, cone S am 274, enr am 
306-307, enr 335, sent to governor 349, signed 447 (Chapter 15) 

HB 8 Permitting the election of delegates to national partv conferences. (Hil- 
dreth of Bel. 7, Orcutt of Hil. 8) 
4, K 28 

HB 9 Increasing the debt limit for the Londonderry school district. (Boucher of 
Rock. 3) 

4, am 24, psd 31, enr 86, S cone 196, signed 291 (Chapter 2) 

HB 10 Providing for a special license to hunt pheasants; and authorizing the 
director of fish and game to implement a buck law on a county, town, city, or 
area basis with the approval of the fish and game commission. (Mavnard of 
Rock. 18 et al) 

5, K 42, recon rej 50 

HB 11 To increase the salaries of state classified employees and non-exempt 
employees of the university system and providing differential pay to classified 
prison employees and making appropriations therefor. (Coutermarsh of Hil. 
24 et al) 

First new title: To increase the salaries of state classified employees and em- 
ployees of the university system and providing differential pay to classified 
prison employees and correctional psychiatric aides at the N.H. state ho.spital 
and making appropriations therefor. 

Second new title: To increase the salaries of state classified employees and 
employees of the university system and providing differential pay to classified 
prison employees and correctional psychiatric aides at the N.H. hospital and 
making appropriations therefor. 

Third new title: To increase the salaries of classified employees and employees 
of the university system and the N.H. network and providing differential pay 
to classified prison employees and correctional psychiatric aides and providing 
nurses' reclassification at the N.H. hospital and Laconia state school and making 
appropriations therefor. 



Numerical Index 473 

5, am Sc Approp 24-26, am 164-168, psd 169, nonconc S am, conf 308-309, 318, 
rep adop 397-399, enr am 405-406, enr 407, sent to governor 423, signed 431-432, 
remarks 438, signed 450 (Chapter 47) 

HB 12 Conforming tax commission references in the current use taxation law to 
the revised revenue administration laws. (N'utt of Graf. 13) 
5, psd 60-61, 84, S cone 252, enr 253, sent to governor 291, signed 351 (Chapter 

<) 

HB 13 Repealing the termination date of RSA 357-B (Murray of Bel. 9) 

5, psd 61, 84, S cone 313, enr 335, sent to governor 349, signed 447 (Chapter 
20) 

HB 14 Revising the management-employee relations law for state employment. 
(Coutermarsh of Hil. 24) 
5, Study 61, 451 

HB 15 Re redistricting the ward lines of the city of Laconia. (Huot of Bel. 6, 
Hildreth of Bel. 7) 

5, am 170-173, psd 195, cone S am 236, enr 253, sent to governor 291, signed 
351 (Chapter 8) 

HB 16 Permitting public accountants to form a professional association. (Plourde 
of Mer. 7) 

New title: Permitting public accountants and registered professional nurses to 
form professional associations. 

5, psd 28-29, 31, cone S am 236, enr 253, sent to governor 291, signed 351 (Chap- 
ter 10) 

HB 17 Increasing the mileage rate for all state employees using privately owned 
passenger vehicles and making an appropriation therefor. (O'Connor of Str. 15, 
Hildreth of Bel. 7) 

5, am & Approp 26-27, am 154-155, recon rej 164, psd 169, cone S am 309, enr 
335, sent to governor 349-350, signed 448 (Chapter 16) 

HB 18 Requiring local approval prior to approval of site plans for oil refineries. 
(Dudley of Str. 4) 
New title: Requiring local option for siting of oil refineries. 

5, am 190-191, psd 195, nonconc S am, conf 288, 307, 318-319, rep adop 382-383, 
enr 403, sent to governor 423, signed 449 (Chapter 36) 

HB 19 Increasing the amount of political expenditures authorized for candidates 
in primary and general elections seeking the office of governor, U.S. senator, 
representative in congress, governor's councilor, county officer, state senator 
or representative to the general court. (McLane of Mer. 16, Chandler of Mer. 

3) 

5-6, psd 42-43, 51, S cone 233-234, enr 234, sent to governor 250-251, veto message 

& SO 276-279, 292, veto sustained (RC) 309-313 

HB 20 Increasing the interest rate of housing authority bonds. (Bigelow of Mtr. 

3) 

6, psd 50, 51, S cone 233, enr 234, sent to governor 251, signed 291 (Chapter 4) 

HB 21 Re the duties of the state board of education and prohibiting the ex- 
penditure of public moneys in non-public schools unless said schools have 
program approval by the department of education. (French of Bel. 1) 
New title: Re the duties of the state board of education and prohibiting the 
expenditures of public moneys in non-public schools unless said schools have 
program approval by the department of education, supervisory union account- 
ing of federal funds and establishing the office of chancellor of the university 
of N.H. system. 

6, am 32-33, psd 51, cone S am 319-320, enr 336, sent to governor 350. signed 
418-419. 448 (Chapter 28) 

See also Subject Index preceding this index 



474 House Journal 

HB 22 Establishing a critical lands commission; providing for the classification 
of certain land areas of the state as critical and making an appropriation there- 
for. (Clafiin of Car. 4 et al) 
6, K (RC) 34-38 

HB 23 Continuing present city of Somersvvorth's elected officials in office until 
next regular election and electing constitutional convention delegates from 
old wards; and permitting the city of Rochester to hold a referendum to 
abolish the police commission and amend its charter. (Meserve of Str. 7, La- 
Roche of Str. 11) 

Fust new title: Continuing present city of Somersworth's elected officials in 
office until the next regular election and electing constitutional convention 
delegates from old wards. 

Second new title: Continuing present city of Somersworth's elected officials in 
office until the next regular election, and legalizing the election of d^jlegates 
to the constitutional convention from the old wards of said city. 
6, am & psd 38-39, cone S am 202, enr 234, sent to governor 251, signed 291 
(Chapter 5) 

HB 24 Permitting the use of changeable effective date designations, such as decals, 
on all motor vehicle and boat registration plates; authorizing the governor and 
council to establish temporary speed laws; and exempting certain functions re 
motor vehicles and highways from the provisions of the administrative pro- 
cedures act. (Hamel of Rock. 11, Woods of Rock. 22) 

First new title: Permitting the use of changeable effective date designations, 
such as decals, on all motor vehicle and boat registration plates; authorizing 
the governor and council to establish temporary speed laAvs; exempting certain 
functions re motor vehicles and highways from the provisions of the administra- 
tive procedures act; and exempting the department of fish and game from pro- 
cedural requirements of their rule making under Title XV'III, until June 30, 
1975. 

Second new title: Permitting the use of changeable effective date designations, 
such as decals, on all motor vehicle and boat registration plates; authorizing 
the governor and council to establish temporary speed laAvs; exempting certain 
functions relative to motor vehicles and highways from the provisions of the 
administrative procedures act; exempting the department of fish and game from 
procedural requirements of their rule making under Title XVIII, until June 30, 
1975; and providing certain free motor vehicle privileges to disabled veterans. 
6, am 77-81, psd 84-85, nonconc S am, conf 324-325, 341, rep adop 407-410, 411, 
enr 415, sent to governor 423, signed 449 (Chapter 45) 

HB 25 Changing the reporting date for the study commission on the problems 
of unemployed citizens in N.H. (Hildreth of Bel. 7 Simard of Rock. 9) 

6, psd 61, 84, S cone 252, enr 253, sent to governor 291, signed 351, com mem- 
bers appointed 451 (Chapter 9) 

HB 26 Re guaranteeing a minimum adequate income for the elderly, blind, and 
disabled, and making an appropriation therefor. (Spirou of Hil. 27, Plourde of 
Mer. 7) 
6-7, Study 61-62, com members appointed 451 

HB 27 Re carrying a loaded pistol on an OHRV, as defined in RSA 269-C. (Gor- 
man of Rock. 4) 

New title: Re amending certain provisions of the off highway recreational 
vehicle law, RSA 269-C. 

7, am 81-84. psd 85, S cone 288, enr 306, sent to governor 348, signed 352, 422 
(Chapter 12) 

HB 28 Authorizing Franklin Pierce College to grant the degree of juris doctor. 
(French of Bel. 1) 
7, am 29-30, psd 31, enr 86, S cone 196, signed 291 (Chapter 3) 

HB 29 Re tuition payments for the definitions of handicapped persons under 
the age of 21 and amending the appropriation for same. (French of Bel. 1) 
First new title: Re tuition payments for the definitions of handicapped persons 
under the age of 21 and amending the appropriation for same and educational 
expenses in public institutions. 



Numerical Index 475 

Second new title: Re tuition payments for handicapped children; amending the 
appropriation for same; defining a handicapped child as a person up to the 
age of 21; and providing for educational and other expenses in public institu- 
tions. 

7, am & Approp 33-34, am 62-63, psd 84, nonconc S am, conf 308, 318, rep adop 
355, 356-357, enr 403-404, sent to governor 423, signed 449 (Chapter 37) 

HB 30 Re the civil commitment procedures in the probate courts and detention 
and discharge procedures for the mentally ill. (Roberts of Bel. 4, Currier of Hil. 
15) 

7, psd 41-42, 51 cone S am 293, enr 306, recalled, nonconc S am, conf 340, rep 
adop 400-402, 403, enr 407, sent to governor 423, signed 449 (Chapter 46) 

HB 31 Authorizing the public utilities commission to acquire, as agent of the 
state, such railroad properties within the state deemed to be necessary for 
continued and future railroad operation for the benefit of the public, and 
making an appropriation therefor. (Hoar of Rock. 8 ct al) 

New title: Authorizing the public utilities commission to acquire, as agent of 
the state, such railroad properties within the state deemed to be necessary for 
continued and future railroad operation for the benefit of the public and 
authorizing bonding therefor; provided that if the 1975 general comt by vote 
of both houses prior to March 13, 1975 evidences its approval the foregoing 
authority shall on that date be transferred to the N.H. transportation authority 
and the public utilities commission's authority shall be terminated. 
7, am & Approp 48-50, am 162-164, psd 169, nonconc S am, conf 328, 340, 352, 
rep adop 383-387, 388, enr 406-407, sent to governor 423-424, enacted without 
signature 432-433, 435-436, 451 (Chapter 49) 

HB 32 Re the commission and taxes on pari mutuel pools at dog tracks. (Couter- 
marsh of Hil. 24) 

7, am 191-193, psd 195, S cone 288, enr 306, sent to governor 348, signed 354-355, 
422 (Chapter 13) 

HB 33 Re the Winnipesaukee River Basin Control. (Roberts of Bel. 43) 

First new title: Re the Winnipesaukee River Basin Control; and providing for 
continuation of the study committee on the water supply and pollution control 
commission. 

Second new title: Re the Winnipesaukee River Basin Control; and providing 
for continuation of the study committee on water supply and pollution control 
commission. 

7, am & Approp 43-46, am 155-158, recon rej 164, psd 169, nonconc S am, conf 
293, 319, rep adop 381-382, enr 406, sent to governor 424, signed 449, com mem- 
bers appointed 451-452 (Chapter 41) 

HB 34 Re energy facility evaluation, siting, construction, and operations and 
providing for a tax on refined petroleum products. (Roberts of Bel. 4, Couter- 
marsh of Hil. 24) 

New title: Re energy facility evaluation, siting, construction, and operations; 
providing for a tax on refined petroleum products; and establishing an energy 
facility study committee. 

7, (division I) am (RC) 174-188, (division II) S Ct opin req 188-189, (division I) 
psd 195, S Ct opin req 218-219, printed 253-258, nonconc S am, conf 326, 340-341, 
rep adop 376-381, enr 404, sent to governor 424, signed 428-429, 449, com mem- 
bers appointed 452 (Chapter 39) 

HB 35 Providing for 20 years retirement for members of group II under the N.H. 
retirement system, permitting the transfer of members of the N.H. firemen's 
retirement system and of the N.H. policemen's retirement system into the 
N.H. retirement system and making an appropriation therefor. (Coutermarsh 
of Hil. 24, Roberts of Bel. 4) 

7-8, am (RC) 158-162, psd 169, nonconc S am, conf 289-290, 319, rep adop 
375-376, enr 403, sent to governor 424 (Chapter 33) 

See also Subject Index preceding this index 



470 House Journal 

HB 36 Permitting the sale of milk in three quart containers. (Campbell of Rock. 

86, psd 193-194, 195, S cone 313, enr 335, sent to governor 350, signed 448 
(Chapter 21) 

HB 37 To provide for the repeal of the law tending to prohibit hitchhiking. 
(Parker of Hil. 17) 

86, psd 194, S cone 313, enr 335, sent to governor 350, enacted without signa- 
ture 416-417, 451 (Chapter 31) 

HB 38 (Not introduced) 

HB 39 Re the homeowners' exemption law. (Read of Rock. 4) 
not introduced 446 

HB 40 Providing for additional pay and overtime pay for nurses at N.H. hos- 
pital, Laconia state school and training center, the N.H. youth development 
center, the N.H. home for the elderly, and the N.H. veterans' home, and mak- 
ing an appropriation therefor; and making an appropriation for overtime pay 
for conservation officers. 

New title: Providing for additional pay and overtime for nurses at N.H. hos- 
pital, Laconia state school and training center, the N.H. youth development 
center, the N.H. home for the elderly, and the N.H. veterans' home, and 
making an appropriation therefor; and making an appropriation for overtime 
pay for conservation officers; and providing for increases in classified salaries 
for recruitment. 
Intro, am, & psd 444-445, S cone 446, enr 447, signed 450 (Chapter 52) 

HOUSE CONCURRENT RESOLUTIONS 

HCR 1 Memorializing Miriam Jackson. (Milne of Hill. 25) 
intro & adop 27, S cone 32, letter from Patrick Jackson 52 

HCR 2 Establishing a joint committee to study the railroad conditions and re- 
lated matters in the state of N.H. (Milne of Hil. 25) 

27-28, adop 173, recon wthd 194, adop 195, cone S am 235-236, com members 
appointed 452 

HCR 3 Re the protection of the N.H. fishing industry. (Tirrell of Str. 4) 
28, adop 173, 195, S cone 230 

HCR 4 Re rule no. 32 — neither house shall adjourn for longer than 5 days 
without the consent of the other. (Newall of Mer. 16) 
50, com changed 84 

HCR 5 Establishing a schedule of legislative days for the remainder of the 
special session, 
intro & adop 219-220, S cone 230 

HCR 6 Proclaiming March 26, 1974 as "Robert Frost Day." 
intro & adop 231-232, 233, S cone 234 

HCR 7 Establishing a joint committee to study federal funding from the Ad- 
ministration on Aging. 
intro & adop 293 294, S cone 307, com members appointed 452 

SENATE BILLS 

SB 1 Providing for open and honest political campaigns in N.H. by requiring 
greater accountability and full disclosure of campaign contributions and ex- 
penditures; and protecting party loyalty by disqualifying defeated primary 
candidates from being nominated by petition under certain circumstances. 
198, Study 333, recon rej 339-340, com 453 

SB 2 To provide fairer real estate taxes for the elderly through a partial exemp- 
tion from real estate taxes for persons sixty-five years of age or older, under 
certain circumstances, and compensating cities and towns for consequent loss 



Numerical Index 477 

of tax base and making an appropriation therefor, and making certain revi- 
sions in the homeowners' exemption law. 

197, am & Approp 279-288, am & psd 345-347, S rionconc, conf 347-348, rep 
adop (RC) 411-415, enr 415, sent to governor 424 (vetoed) 

SB 3 Changing the compensation of certain state law enforcement employees 
and fees of witnesses. 

169-170, Approp 261, psd 321, 323, enr 336, sent to governor 350, signed 417- 
418, 448 (Chapter 29) 

SB 4 Re penalties and forfeitures for noncompliance with sewage and waste dis- 
posal rules and regulations of the water supply and pollution control com- 
mission. 

170, am 268-269, psd 289, S cone 307, enr 335, sent to governor 350, signed 448 
(Chapter 17) 

SB 5 Providing that a person cannot be denied unemployment compensation 
benefits if he refuses a job too distant from his home. 
40, IP 261-263 

SB 6 Re landlord-tenant relations. 

197, K 238-239 

SB 7 Re capital improvements to the Mt. Washington summit and making an 
appropriation therefor. 

198, Approp 247-248, am 314-315, psd 318, S cone 334, enr 347, sent to governor 
422, signed 448 (Chapter 30) 

SB 8 Re the distribution of testate property following waiver of a will by sur- 
viving spouse and re the form of notice given for termination of parental 
rights. 

170, am 272-274, psd 289, S cone 307, enr 335, sent to governor 350, signed 448 
(Chapter 18) 

SB 9 Legalizing special town meetings in Wilmot and Pittsfield; and the Sea- 
brook school district meeting. 

New title: Legalizing: certain special town meetings in Wilmot, Pittsfield, En- 
field, Salisbury, and Salem; 1974 annual town meetings in Rye, New Castle, 
Exeter, Salisbury, Enfield, Brentwood, Chester, and Bethlehem; the Seabrook, 
Gilford, and Haverhill school district meetings; the special Hampton Falls 
school district meeting: the Warner village fire district proceedings; and the 
February 19, 1974 postings of March 5, 1974 town and school meetings. 
197, am 326-327, psd 334, S nonconc, conf 341-342, rep adop 400, 403, enr 406, 
sent to governor 424, signed 450 (Chapter 43) 

SB 10 Establishing a sire stakes program and a standardbred breeders and own- 
ers development agency. 

New title: Establishing a sire stakes program and a standardbred breeders and 
owners development agency, and making an appropriation therefor. 

197, am & Approp 236-238, am 315-317, psd 318, S nonconc, conf 342, rep adop 
388, 399, enr 406, sent to governor 424, signed 450 (Chapter 42) 

SB 11 Establishing a state historic preservation office and making an appropria- 
tion therefor. 

198, Approp 261, psd 321-322, 324, enr 336, sent to governor 350, enacted with- 
out signature 451 (Chapter 32) 

SB 12 To further protect the rights of mobile home owners by requiring the 
consumer protection division of the attorney general's office to promulgate 
guidelines as to what constitutes reasonable rules and regulations for mobile 
parks and by requiring that tenants be given copies of such rules and regula- 
tions. 

See also Subject Index preceding this index 



478 House Journal 

New, title: To further protect the rights of mobile home owners by requiring 
that mobile home park owners and operators state the rules and regulations 
of the park in writing and provide all tenants with copies of the rules and to 
encourage the construction of mobile home parks by not prohibiting the so- 
called "first sale" restriction in a new park. 

197, am 263-266, psd 289, S cone 307, enr 335, sent to governor 350, signed 420, 
448 (Chapter 19) 

SB 13 Establishing a combined horse and dog racing commission. 
Study 453 

SB 14 Re election of delegates to the constitutional convention from Berlin. 
20, psd 21, enr 22, signed 291 (Chapter 1) 

SB 15 Transferring permanent state prison employees from group I of the N.H. 
retirement system to group II or from the state employees' retirement system 
to group II, and making an appropriation therefor. 
170, Approp 231, Fiscal com 336-337, 453 

SB 16 Expanding the definition of "industrial facility" under the industrial de- 
velopment authority to include post-secondary educational facilities 
Study 453 

SB 17 Re the N.H. port authority, the construction of fishing facilities at Ports- 
mouth, Hampton and Rye harbors, and the location of marine science docking 
and related facilities for the university of N.H. and making an appropriation 
therefor. 

197, am & Approp 266-268, am & psd 342-345, S nonconc, conf 349, rep adop 
383, 396-397, enr 406, sent to governor 424, enacted without signature 432-434, 
451 (Chapter 50) 

SB 18 Providing additional cost of living increases for retired members of the 
N.H. teachers' retirement system, the N.H. policemen's retirement system, the 
N.H. firemen's retirement system, the N.H. retirement system and the state 
employees' retirement system, and making an appropriation therefor; providing 
for compensatory contributions for interrupted service; and providing for an 
actuarial study of prefunding to be paid out of escrowed funds derived from 
an interest assumption change. 

197-198, Approp 238, psd 337-339, enr 387, sent to governor 425, signed 428, 
450 (Chapter 35) 

SB 19 Specifying procedures for termination of residential gas or electric services. 

198, 201, am 247, psd 249, S cone 252, enr 253, sent to governor 291, signed 351 
(Chapter 11) 

SB 20 Providing for regulation of franchise agreements for the sale of gasoline. 
New title: Providing for regulation of franchise agreements for the sale of gaso- 
line and requiring the posting of motor fuel prices. 

199, 201, am 295-296, psd 313, S cone 319, enr 336, sent to governor 350, signed 
448 (Chapter 24) 

SB 21 Establishing a commission on children and youth. 
199,201, Study 321,453 

SB 22 Establishing a study committee to develop a plan to provide public assist- 
ance to private institutions of higher learning in this state. 

New title: Establishing a study committee to develop a plan to provide public 
assistance to private institutions of higher learning in this state and relating to 
the Lafayette regional school district and Bethlehem school district. 
198, 201, am 258-260, psd 289, S cone 307, enr 336, sent to governor 350, signed 
448, com members appointed 453 (Chapter 22) 

SB 23 Re the membership of municipal planning boards and providing for the 
creation of cooperative regional planning commissions. 

New title: Re the membership of municipal planning boards, conservation 
commissions, and historic district commissions. 

198, 201, am 328-332, psd 334, S nonconc, conf 341, 352, rep adop 402-403, 404, 
enr 406, sent to governor 425, signed 450 (Chapter 44) 



Numerical Index 479 

SB 24 Authorizing cities and towns to giant franchises for cable television sys- 
tems. 
198, 201, am 269-271, psd 289, S cone 307, enr 336, sent to governor 350, signed 

448 (Chapter 23) 

SB 26 Providing for retirement benefits for supreme and superior court justices. 
198, 201, Approp 231, am 320, psd & S cone 334, enr 347, signed 419, sent to 
governor 422, signed 448 (Chapter 25) 

SB 27 To better protect the safety of N.H. citizens and law enforcement officers 
by changing penalties for homicide in certain circumstances. 

198, 201, am (RC) 296-306, psd 313, S nonconc, conf 355 356, 404-405, rep adop 
411, enr 415, sent to governor 425 (Chapter 34) 

SB 28 To establish standards of care and treatment of alcoholics, intoxicated 
persons, and drug dependent people. 

199, 201, Study 332-333, 453 

SB 29 Exempting enterprises selling spirits and wines to the state of N.H. from 
the business profits tax. 
199, 201, K 274-276 

SB 31 Authorizing the cities of Berlin and Keene to acquire, develop, and oper- 
ate industrial parks within each such city and to aid the construction and ex- 
pansion of industrial facilities within each such city by the issue of revenue 
bonds. 
276, 294-295, psd 323, 324, enr am 334-335, enr 347, sent to governor 422, signed 

449 (Chapter 26) 

SB 33 Legalizing the authorization of bonds by the town of Durham, 
intro & psd 436-437, enr 443, signed 450 (Chapter 51) 

SB 34 To provide fairer real estate taxes for the elderly through a partial exemp- 
tion from real estate taxes for persons seventy years of age or older, under 
certain circumstances, and compensating cities and towns for consequent loss 
of tax base and making an appropriation therefor, and providing for an elec- 
tion between the homeowners' exemption and the elderly exemption, 
intro &: LT 447 

SENATE JOINT RESOLUTIONS 

SJR 1 Compensating Rene Boucher for mileage while serving on the committee 
of voter registration and checklists. 
170, psd 230, 233, enr 234, sent to governor 251, signed 291 (Chapter 6) 

SJR 2 Establishing an interim committee to study oil companies and other en- 
ergy suppliers. 
199, 201, K 271-272, recon notice 290-291 

SJR 3 Establishing a committee to study highway safety and motor vehicle 
weight, length, and vvidth requirements. 

252, am 325-326, psd &: S cone 334, enr 347, sent to governor 422, signed 449, 
com members appointed 454 (Chapter 27) 

SENATE CONCURRENT RESOLUTIONS 

SCR 1 Refcning the question of the reclassification of a certain highway in the 
town of Clarksville to a joint legislative committee. 
197, adop 322, com 454 

SCR 2 Referring the question of compensation for the town of Gorham to a 
joint legislative committee. 
197, adop 322-323, com 454 

SCR 3 Re school safety patrol. 
intro & adop 252 

See also Subject Index preceding this index